the registered trustees of masjid badri mtoni mtongani vsramadhani hussein 2020 tzhclandd 3931 10 december 2020
Discovery of new evidence, specifically a certificate of occupancy showing the real owner of the suit land, constitutes sufficient grounds for extension of time to file revision.
Source-derived case information.
- Citation
- the registered trustees of masjid badri mtoni mtongani vsramadhani hussein 2020 tzhclandd 3931 10 december 2020
- Parties
- Applicant: The Registered Trustees of Masjid Badri (Mtoni Mtongani); Respondent: Ramadhani Hussein
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 10 December 2020
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Extension of Time
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Revision, Discovery of New Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
The Registered Trustees of Masjid Badri (Mtoni Mtongani)
Applicant
Ramadhani Hussein
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether sufficient grounds exist to grant extension of time to file revision
Ratio Decidendi
Discovery of new evidence, specifically a certificate of occupancy showing the real owner of the suit land, constitutes sufficient grounds for extension of time to file revision.
Court Disposition
Application granted
Orders
- Time extended for applicant to file intended revision within 30 days of the date of ruling
- Costs shall follow the event
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM MISC.LAND APPLICATION NO. 361 OF 2019 THE REGISTERED TRUSTEES OF MASJID BADRI {Mtoni Mtongani) ............................. APPPLICANT VERSUS RAMADHANI HUSSEIN...................................... RESPONDENT RULING S.M. MAG HIM BI, J: The applicant herein moved this court under the provisions of Section 14 (1) of the Law of Limitation Act, Cap 89 R.E 2002. She is seeking for extension of time to file an application for revision against the decision of the District Land and Housing Tribunal of Temeke in Misc. Application No 314 of 2016. The application is supported by an affidavit of Yusuph Omari, one of the applicants in this matter, which is not dated. On 9th July 2020 this court ordered this application be heard ex-parte against respondent after failure to attend despite being properly served. The application was argued by way of written submission. In this court, the Applicants submission was drawn and filed by Mr. Paul L. Chabruma, learned Advocate. In his affidavit in support of the application, the applicants main reason to apply for extension of time was the finding of a concrete document i showing the registered owner of the suit property. The document was annexed as Annexure "A" to the affidavit of the applicant. Having gone through the records of this application and having considered the said document, a certificate of Occupancy No. 95261 which purportedly shows the real owner of the suit land, a document which the applicant has averred that the document was not in their reach during trial. Since the application at hand is for extension of time to file Revision, I find the ground of discovery of new evidence as sufficient to grant the application at hand. Time is hereby extended for the applicant to file the intended review which shall be filed within 30 days of the date of this ruling. Costs shall follow the event. Dated at Dar es Salaam this 10^Day of December, 2020 2