simon peter kimiti vs joseph baltazar kameka and 3 others 2020 tzhc 2199 11 august 2020

simon peter kimiti vs joseph baltazar kameka and 3 others 2020 tzhc 2199 11 august 2020

The existence of apparent illegality in the impugned decision, specifically the denial of the right to be heard and non-joinder of necessary parties, constitutes sufficient cause to grant extension of time for filing an application for revision, even if no other reason is advanced.

Citation
simon peter kimiti vs joseph baltazar kameka and 3 others 2020 tzhc 2199 11 august 2020
Parties
Applicant: Simon Peter Kimiti; 1st Respondent: Joseph Baltazar Kameka; 2nd Respondent: Alfred Manyika; 3rd Respondent: Paul L. Kimiti; 4th Respondent: George Sing'ombe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 August 2020
Procedural Posture
Application for Extension of Time (revision) / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Illegality as Ground for Extension, Right to Be Heard, Joinder of Necessary Parties
Source Language
English
Civil Procedure Land Law Extension of Time Illegality as Ground for Extension Right to Be Heard Joinder of Necessary Parties

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Parties

Simon Peter Kimiti

Applicant

Joseph Baltazar Kameka

1st Respondent

Alfred Manyika

2nd Respondent

Paul L. Kimiti

3rd Respondent

George Sing'ombe

4th Respondent

Procedural Posture

Application for Extension of Time (revision) / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has demonstrated sufficient cause for extension of time to file an application for revision
  2. 2 Whether illegality in the impugned decision constitutes sufficient ground for extension of time

Ratio Decidendi

The existence of apparent illegality in the impugned decision, specifically the denial of the right to be heard and non-joinder of necessary parties, constitutes sufficient cause to grant extension of time for filing an application for revision, even if no other reason is advanced.

Court Disposition

Application granted

Orders

  • Applicant granted extension of time to file application for revision within twenty-one (21) days from the date of the ruling.
  • No order as to costs.