restituta frank msongole vs maiko ngaya shoo another 2023 tzca 17880 23 november 2023

restituta frank msongole vs maiko ngaya shoo another 2023 tzca 17880 23 november 2023

The applicant cannot be granted extension of time to file for revision because revision is not available as an alternative to appeal, and the right to appeal was lost due to the applicant's own inaction. Granting extension would be futile as the law does not permit revision in these circumstances.

Citation
restituta frank msongole vs maiko ngaya shoo another 2023 tzca 17880 23 november 2023
Parties
Applicant: Restituta Frank Msongole; 1st Respondent: Maiko Ngaya Shoo; 2nd Respondent: Musa Mwimbe
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 November 2023
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Revision
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Revision Jurisdiction, Appeal Vs Revision, Land Disputes
Source Language
English
Civil Procedure Land Law Extension of Time Revision Jurisdiction Appeal Vs Revision Land Disputes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Restituta Frank Msongole

Applicant

Maiko Ngaya Shoo

1st Respondent

Musa Mwimbe

2nd Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Revision

Legal Issues

  1. 1 Whether the applicant is entitled to extension of time to file an application for revision of the High Court decision
  2. 2 Whether revision is available as an alternative to appeal in this context
  3. 3 Whether the applicant has shown sufficient cause for the delay

Ratio Decidendi

The applicant cannot be granted extension of time to file for revision because revision is not available as an alternative to appeal, and the right to appeal was lost due to the applicant's own inaction. Granting extension would be futile as the law does not permit revision in these circumstances.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to file revision is dismissed
  • Applicant to pay costs