richard mbwana vs joseph mangenya 2020 tzhc 4718 26 october 2020

Extension of time granted because alleged illegality in execution proceedings constitutes sufficient cause, and court has duty to ascertain and rectify such illegality.

Citation: richard mbwana vs joseph mangenya 2020 tzhc 4718 26 october 2020
Parties: Applicant: Richard Mbwana; Respondent: Joseph Mang'enya
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 26 October 2020
Procedural Posture: Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome: application granted
Legal Topics: Extension of Time, Execution Proceedings, Party Identity, Illegality as Ground for Extension
Source Language: English

Land Law Civil Procedure Extension of Time Execution Proceedings Party Identity Illegality as Ground for Extension

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Parties

Richard Mbwana

Applicant

Joseph Mang'enya

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether extension of time should be granted to appeal against execution order
2 Whether execution proceedings could be brought against a person not party to original proceedings
3 Whether alleged illegality constitutes sufficient cause for extension

Ratio Decidendi

Extension of time granted because alleged illegality in execution proceedings constitutes sufficient cause, and court has duty to ascertain and rectify such illegality.

Court Disposition

application granted

Orders

Time to file appeal against Execution Order in Application for Execution No. 15 of 2017 is extended; applicant to file appeal within forty five days from date of ruling