samwel sichome vs bulebe hamisi 2016 tzca 307 19 april 2016

samwel sichome vs bulebe hamisi 2016 tzca 307 19 april 2016

The applicant demonstrated sufficient cause for delay due to late supply of the High Court ruling and acted diligently by timely filing and refiling applications; minor errors in the notice of motion were not fatal as the correct information was available in the affidavit.

Citation
samwel sichome vs bulebe hamisi 2016 tzca 307 19 april 2016
Parties
Applicant: Samweli Sichone; Respondent: Bulebe Hamisi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 April 2016
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Revision, Jurisdiction, Adultery Damages
Source Language
English
Civil Procedure Extension of Time Revision Jurisdiction Adultery Damages

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Parties

Samweli Sichone

Applicant

Bulebe Hamisi

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient cause for extension of time to file an application for revision
  2. 2 Whether errors in the notice of motion rendered the application incompetent

Ratio Decidendi

The applicant demonstrated sufficient cause for delay due to late supply of the High Court ruling and acted diligently by timely filing and refiling applications; minor errors in the notice of motion were not fatal as the correct information was available in the affidavit.

Court Disposition

Application granted

Orders

  • Applicant to file application for revision within thirty (30) days from the date of the order
  • Costs to be in the main application