20120822 TZHC Dar es Salaam

20120822 TZHC Dar es Salaam

The Applicant failed to provide sufficient and consistent reasons for the delay in filing the application and did not discharge the burden of proving non est factum regarding the Deed of Settlement. The application lacked merit both on extension of time and on the substantive challenge to the settlement.

Citation
20120822 TZHC Dar es Salaam
Parties
Applicant: Salum Kondo; Respondent: Bentash Holdings
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 August 2012
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time and Revision
Outcome
Application dismissed
Legal Topics
Extension of Time, Revision of Settlement, Non Est Factum, Deed of Settlement
Source Language
English
Civil Procedure Employment Law Extension of Time Revision of Settlement Non Est Factum Deed of Settlement

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Parties

Salum Kondo

Applicant

Bentash Holdings

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time and Revision

Legal Issues

  1. 1 Whether extension of time for filing revision should be granted
  2. 2 Whether the settlement recorded by the District Court should be revised and set aside

Ratio Decidendi

The Applicant failed to provide sufficient and consistent reasons for the delay in filing the application and did not discharge the burden of proving non est factum regarding the Deed of Settlement. The application lacked merit both on extension of time and on the substantive challenge to the settlement.

Court Disposition

Application dismissed

Orders

  • No order as to costs