victoria real estate development ltd vs tanzania investment bank others 2015 tzca 354 10 july 2015

victoria real estate development ltd vs tanzania investment bank others 2015 tzca 354 10 july 2015

The applicant demonstrated good cause for extension of time based on the alleged illegality of the High Court's order, specifically the failure to afford her the right to be heard before setting aside the sale of the property. The Court held that this was sufficient to grant the extension, without delving into the merits of the alleged illegality at this stage.

Citation
victoria real estate development ltd vs tanzania investment bank others 2015 tzca 354 10 july 2015
Parties
Applicant: Victoria Real Estate Development Limited; 1st Respondent: Tanzania Investment Bank; 2nd Respondent: M/S Kabila Industries Ltd; 3rd Respondent: John Momose Cheyo; 4th Respondent: Ngula Vitalis Cheyo
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 July 2015
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Illegality as Ground for Extension, Right to Be Heard, Revision Proceedings
Source Language
English
Civil Procedure Property Law Extension of Time Illegality as Ground for Extension Right to Be Heard Revision Proceedings

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Parties

Victoria Real Estate Development Limited

Applicant

Tanzania Investment Bank

1st Respondent

M/S Kabila Industries Ltd

2nd Respondent

John Momose Cheyo

3rd Respondent

Ngula Vitalis Cheyo

4th Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file an application for revision
  2. 2 Whether alleged illegality in the High Court's settlement order constitutes sufficient cause for extension of time

Ratio Decidendi

The applicant demonstrated good cause for extension of time based on the alleged illegality of the High Court's order, specifically the failure to afford her the right to be heard before setting aside the sale of the property. The Court held that this was sufficient to grant the extension, without delving into the merits of the alleged illegality at this stage.

Court Disposition

Application granted

Orders

  • Extension of time granted for a period of 60 days from the date of delivery of the ruling for the applicant to file the intended application for revision.
  • Costs to be in the course.