simon nyato versus edson justus rwelamira as legal personal representative of the estate of justus joseph rwelamila another 2023 tzhclandd 17216 30 november 2023

simon nyato versus edson justus rwelamira as legal personal representative of the estate of justus joseph rwelamila another 2023 tzhclandd 17216 30 november 2023

Although illegality can justify extension of time, in this case the applicant seeks to appeal an ex parte judgment, which is not the proper remedy; thus, extension of time would serve no purpose.

Citation
simon nyato versus edson justus rwelamira as legal personal representative of the estate of justus joseph rwelamila another 2023 tzhclandd 17216 30 november 2023
Parties
Applicant: Simon Nyato; 1st Respondent: Edson Justus Rwelamira (As Legal Personal Representative of the Estate of Justus Joseph Rwelamila); 2nd Respondent: Jorum Justus Rwelamila
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 November 2023
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
Extension of Time, Right to Be Heard, Ex Parte Proceedings, Illegality as Ground for Extension
Source Language
English
Land Law Civil Procedure Extension of Time Right to Be Heard Ex Parte Proceedings Illegality as Ground for Extension

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Parties

Simon Nyato

Applicant

Edson Justus Rwelamira (As Legal Personal Representative of the Estate of Justus Joseph Rwelamila)

1st Respondent

Jorum Justus Rwelamila

2nd Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to appeal
  2. 2 Whether alleged illegality (violation of right to be heard) justifies extension of time

Ratio Decidendi

Although illegality can justify extension of time, in this case the applicant seeks to appeal an ex parte judgment, which is not the proper remedy; thus, extension of time would serve no purpose.

Court Disposition

Application dismissed

Orders

  • Application for extension of time is dismissed
  • No order as to costs