victoria rweikiza vs benedicto r ijumba 2 others 2022 tzhclandd 96 25 february 2022

victoria rweikiza vs benedicto r ijumba 2 others 2022 tzhclandd 96 25 february 2022

The applicant demonstrated sufficient cause for delay based on technical delay, as previous applications were timely but struck out for technical reasons. The alleged illegality did not meet the threshold for extension as it was not apparent on the face of the record. The court exercised its discretion to grant extension of time based on technical delay.

Citation
victoria rweikiza vs benedicto r ijumba 2 others 2022 tzhclandd 96 25 february 2022
Parties
Applicant: Victoria Rweikiza; 1st Respondent: Benedicto R. Ijumba; 2nd Respondent: Noela O Ishebabi; 3rd Respondent: Alex Msama Mwita
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
25 February 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to File Revision
Outcome
Application granted
Legal Topics
Extension of Time, Technical Delay, Illegality as Ground for Extension, Revision Applications
Source Language
English
Land Law Civil Procedure Extension of Time Technical Delay Illegality as Ground for Extension Revision Applications

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Parties

Victoria Rweikiza

Applicant

Benedicto R. Ijumba

1st Respondent

Noela O Ishebabi

2nd Respondent

Alex Msama Mwita

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time to File Revision

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file a revision against the decision of the District Land and Housing Tribunal
  2. 2 Whether technical delay and/or illegality constitute good cause for extension of time

Ratio Decidendi

The applicant demonstrated sufficient cause for delay based on technical delay, as previous applications were timely but struck out for technical reasons. The alleged illegality did not meet the threshold for extension as it was not apparent on the face of the record. The court exercised its discretion to grant extension of time based on technical delay.

Court Disposition

Application granted

Orders

  • Applicant granted leave to file application for revision within twenty-one days from the date of the ruling