misc land application no 484 of 2023 2023 tzhclandd 17152 21 november 2023

misc land application no 484 of 2023 2023 tzhclandd 17152 21 november 2023

Illegality on the face of the record is a sufficient ground for granting extension of time to file revision, even if the applicant has not accounted for every day of delay.

Citation
misc land application no 484 of 2023 2023 tzhclandd 17152 21 november 2023
Parties
Applicant: Sophia Komba; 1st Respondent: Amina Athumani; 2nd Respondent: Tunu Habibu Maneno (As Administrator of the estate of the late Habibu Maneno Chambuso); 3rd Respondent: Juma Komba Erasto (As Administrator of the estate of the late Daud Taji)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
21 November 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to File Revision
Outcome
Application granted
Legal Topics
Extension of Time, Illegality as Ground for Extension, Joinder of Parties, Ex Parte Proceedings
Source Language
English
Land Law Civil Procedure Extension of Time Illegality as Ground for Extension Joinder of Parties Ex Parte Proceedings

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Parties

Sophia Komba

Applicant

Amina Athumani

1st Respondent

Tunu Habibu Maneno (As Administrator of the estate of the late Habibu Maneno Chambuso)

2nd Respondent

Juma Komba Erasto (As Administrator of the estate of the late Daud Taji)

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time to File Revision

Legal Issues

  1. 1 Whether the applicant has advanced sufficient cause for extension of time to file revision against the District Land and Housing Tribunal decision
  2. 2 Whether illegality is a sufficient ground for extension of time

Ratio Decidendi

Illegality on the face of the record is a sufficient ground for granting extension of time to file revision, even if the applicant has not accounted for every day of delay.

Court Disposition

Application granted

Orders

  • Applicant to file the intended application for revision within 21 days from the date of the ruling
  • Costs shall be in the cause