waheed yakub suleiman vs mary atupele mungai another 2022 tzca 496 9 august 2022

waheed yakub suleiman vs mary atupele mungai another 2022 tzca 496 9 august 2022

The application discloses good cause for extension of time as the applicant has raised arguable issues of law, particularly alleged illegalities in the High Court's consent judgment affecting non-parties and property rights, which warrant consideration by the full Court upon revision.

Citation
waheed yakub suleiman vs mary atupele mungai another 2022 tzca 496 9 august 2022
Parties
Applicant: Waheeda Yakub Suleiman; 1st Respondent: Mary Atupele Mungai; 2nd Respondent: James Joseph Mungai (The Legal Representative of the late Joseph Mungai)
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 August 2022
Procedural Posture
Civil Application for Extension of Time to Apply for Revision / Ruling on Application for Extension of Time
Outcome
Application allowed
Legal Topics
Extension of Time, Revision, Consent Judgment, Matrimonial Property, Right to Be Heard
Source Language
English
Civil Procedure Family Law Extension of Time Revision Consent Judgment Matrimonial Property Right to Be Heard

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Parties

Waheeda Yakub Suleiman

Applicant

Mary Atupele Mungai

1st Respondent

James Joseph Mungai (The Legal Representative of the late Joseph Mungai)

2nd Respondent

Procedural Posture

Civil Application for Extension of Time to Apply for Revision / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to apply for revision of the High Court's consent judgment and decree
  2. 2 Whether alleged illegalities in the High Court's decision constitute sufficient reason for extension of time

Ratio Decidendi

The application discloses good cause for extension of time as the applicant has raised arguable issues of law, particularly alleged illegalities in the High Court's consent judgment affecting non-parties and property rights, which warrant consideration by the full Court upon revision.

Court Disposition

Application allowed

Orders

  • Applicant to lodge the intended application for revision within thirty days of this ruling
  • Costs of the application shall be in the cause