sylicheria machera vs edward mgoyi and another 2021 tzhc 6425 30 september 2021

sylicheria machera vs edward mgoyi and another 2021 tzhc 6425 30 september 2021

Applicant raised legal questions of sufficient importance regarding alleged illegalities in tribunal proceedings and dismissal order, warranting extension of time despite failure to account for delay. Maintenance of status quo granted to prevent loss pending determination.

Citation
sylicheria machera vs edward mgoyi and another 2021 tzhc 6425 30 september 2021
Parties
Applicant: Sylicheria Machera; 1st Respondent: Edward Mgoyi; 2nd Respondent: Haruna Philipo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 September 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time and Maintenance of Status Quo
Outcome
Application granted
Legal Topics
Extension of Time, Revision, Status Quo Orders, Dismissal for Want of Prosecution, Tribunal Procedure
Source Language
English
Land Law Civil Procedure Extension of Time Revision Status Quo Orders Dismissal for Want of Prosecution Tribunal Procedure

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Parties

Sylicheria Machera

Applicant

Edward Mgoyi

1st Respondent

Haruna Philipo

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time and Maintenance of Status Quo

Legal Issues

  1. 1 Whether sufficient cause exists for extension of time to file revision
  2. 2 Whether alleged illegalities in tribunal proceedings warrant extension of time
  3. 3 Whether maintenance of status quo should be granted

Ratio Decidendi

Applicant raised legal questions of sufficient importance regarding alleged illegalities in tribunal proceedings and dismissal order, warranting extension of time despite failure to account for delay. Maintenance of status quo granted to prevent loss pending determination.

Court Disposition

Application granted

Orders

  • Applicant to lodge revision within 14 days
  • Respondent restrained from damaging, alienating property or falling any tree in suit land pending hearing and determination