rafii said mpendu vs ali mkalapema others 2021 tzhclandd 178 22 january 2021

rafii said mpendu vs ali mkalapema others 2021 tzhclandd 178 22 january 2021

The applicant established sufficient cause for extension of time based on the discovery that the respondents' advocate was an imposter, affecting the legality of prior proceedings.

Citation
rafii said mpendu vs ali mkalapema others 2021 tzhclandd 178 22 january 2021
Parties
Applicant: Rafii Said Mpendu; 1st Respondent: Ali Mkalapema (Administrator of the estate of the Late Ali Mkalapema); 2nd Respondent: Frank Mareto; 3rd Respondent: Maliki Ali Mkalapema; 4th Respondent: Danstun Fabian (Baimbo)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
22 January 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to File Review
Outcome
Application granted
Legal Topics
Extension of Time, Review, Personation by Advocate, Abuse of Court Process
Source Language
English
Land Law Civil Procedure Extension of Time Review Personation by Advocate Abuse of Court Process

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Parties

Rafii Said Mpendu

Applicant

Ali Mkalapema (Administrator of the estate of the Late Ali Mkalapema)

1st Respondent

Frank Mareto

2nd Respondent

Maliki Ali Mkalapema

3rd Respondent

Danstun Fabian (Baimbo)

4th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time to File Review

Legal Issues

  1. 1 Whether sufficient cause exists to extend time for filing review
  2. 2 Effect of personation by advocate on legality of proceedings

Ratio Decidendi

The applicant established sufficient cause for extension of time based on the discovery that the respondents' advocate was an imposter, affecting the legality of prior proceedings.

Court Disposition

Application granted

Orders

  • Time extended for applicant to file review within 30 days
  • Costs to follow cause in intended review