20120309 TZHC Dar es Salaam

20120309 TZHC Dar es Salaam

Pursuing both the application for extension of time to apply for revision and the pending civil suit is not an abuse of court process because the reliefs sought are different.

Citation
20120309 TZHC Dar es Salaam
Parties
Applicant: Stoph Yusuph Sanga; 1st Respondent: Theophil Emmanuel Mwishomari; 2nd Respondent: Aron Joseph Mwishomari
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 March 2012
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled
Legal Topics
Abuse of Process, Extension of Time, Revision, Right to Be Heard
Source Language
English
Civil Procedure Abuse of Process Extension of Time Revision Right to Be Heard

Case Brief

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Parties

Stoph Yusuph Sanga

Applicant

Theophil Emmanuel Mwishomari

1st Respondent

Aron Joseph Mwishomari

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is an abuse of the court process due to parallel proceedings
  2. 2 Whether the applicant can pursue both an application for extension of time for revision and a pending civil suit

Ratio Decidendi

Pursuing both the application for extension of time to apply for revision and the pending civil suit is not an abuse of court process because the reliefs sought are different.

Court Disposition

Preliminary objection overruled

Orders

  • Application for extension of time to be set for hearing on 30/3/2012