jenita hussein hinyura marko mpolenkile vs steven kalenge lubezagi 2023 tzhc 21450 22 september 2023

jenita hussein hinyura marko mpolenkile vs steven kalenge lubezagi 2023 tzhc 21450 22 september 2023

The court held that the applicant demonstrated sufficient cause for extension of time based on the alleged illegality in the appellate judgment, specifically the judge's failure to afford parties the right to be heard on a new issue raised suo motu. The court found that such illegality is sufficient ground to grant extension of time, and defects in affidavits were curable or inconsequential under the oxygen principle.

Citation
jenita hussein hinyura marko mpolenkile vs steven kalenge lubezagi 2023 tzhc 21450 22 september 2023
Parties
1st Applicant: Jenita Hussein Hinyura; 2nd Applicant: Marko Mpolenkile; Respondent: Steven s/o Kalenge Lubezagi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 September 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Illegality as Ground for Extension, Defective Affidavits, Right to Be Heard
Source Language
English
Civil Procedure Extension of Time Illegality as Ground for Extension Defective Affidavits Right to Be Heard

Case Brief

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Parties

Jenita Hussein Hinyura

1st Applicant

Marko Mpolenkile

2nd Applicant

Steven s/o Kalenge Lubezagi

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the application for extension of time is meritorious
  2. 2 Whether illegality constitutes sufficient reason for extension of time
  3. 3 Whether defects in affidavits and counter affidavits are fatal to the application

Ratio Decidendi

The court held that the applicant demonstrated sufficient cause for extension of time based on the alleged illegality in the appellate judgment, specifically the judge's failure to afford parties the right to be heard on a new issue raised suo motu. The court found that such illegality is sufficient ground to grant extension of time, and defects in affidavits were curable or inconsequential under the oxygen principle.

Court Disposition

Application granted

Orders

  • Extension of time granted to file application for leave to appeal to the Court of Appeal within 30 days from the date of the ruling
  • No order as to costs