waziri abdallah vs almasi charles mvungi another 2023 tzca 17885 23 november 2023
Extension of time was granted because the applicant was condemned unheard in the appellate judgment, which is an illegality apparent on the face of the record and constitutes sufficient cause for extension.
- Citation
- waziri abdallah vs almasi charles mvungi another 2023 tzca 17885 23 november 2023
- Parties
- Applicant: Waziri Abdallah; 1st Respondent: Almasi Charles M Vungi; 2nd Respondent: Jamila Hassan Muyonga
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 23 November 2023
- Procedural Posture
- Civil Application / Application for Extension of Time to File Revision
- Outcome
- application granted
- Legal Topics
- Extension of Time, Revision, Right to Be Heard, Illegality, Non Joinder of Necessary Party
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Waziri Abdallah
Applicant
Almasi Charles M Vungi
1st Respondent
Jamila Hassan Muyonga
2nd Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Revision
Legal Issues
- 1 Whether the applicant has shown sufficient cause for extension of time to file an application for revision
- 2 Whether illegality apparent on the face of the record justifies extension of time
Ratio Decidendi
Extension of time was granted because the applicant was condemned unheard in the appellate judgment, which is an illegality apparent on the face of the record and constitutes sufficient cause for extension.
Court Disposition
application granted
Orders
- Applicant to lodge intended application for revision within 60 days of delivery of this ruling.
- Costs to be on the cause.
Full Case Text
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