ahmed sadalla jumaas the adminstrator of the estate of the late hamis allyhamis ally vs zaitun hamisi ali and 2 others 2021 tzhclandd 686 11 june 2021

ahmed sadalla jumaas the adminstrator of the estate of the late hamis allyhamis ally vs zaitun hamisi ali and 2 others 2021 tzhclandd 686 11 june 2021

The applicant failed to show sufficient cause for delay as the belief that no legal remedy existed is not a valid ground; alleged illegalities do not relate to the impugned decision; execution of the decree has already been carried out, rendering the application academic and overtaken by events.

Citation
ahmed sadalla jumaas the adminstrator of the estate of the late hamis allyhamis ally vs zaitun hamisi ali and 2 others 2021 tzhclandd 686 11 june 2021
Parties
Applicant: Wilbroad Kanyana; 1st Respondent: Michael N. Kapufi; 2nd Respondent: Hiyari Chona; 3rd Respondent: Municipal Director Kinondoni Municipal Council; 4th Respondent: Ahmedi Miakamingi; 5th Respondent: Immaculate Zacharia; 6th Respondent: Mr. Bana; 7th Respondent: Rhino Investment Company Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
11 June 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
Extension of Time, Revision, Stay of Execution, Sufficient Cause, Illegality as Ground for Extension
Source Language
English
Civil Procedure Land Law Extension of Time Revision Stay of Execution Sufficient Cause Illegality as Ground for Extension

Case Brief

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Parties

Wilbroad Kanyana

Applicant

Michael N. Kapufi

1st Respondent

Hiyari Chona

2nd Respondent

Municipal Director Kinondoni Municipal Council

3rd Respondent

Ahmedi Miakamingi

4th Respondent

Immaculate Zacharia

5th Respondent

Mr. Bana

6th Respondent

Rhino Investment Company Limited

7th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file revision
  2. 2 Whether alleged illegality constitutes sufficient cause for extension of time
  3. 3 Whether the application is overtaken by events due to execution of decree

Ratio Decidendi

The applicant failed to show sufficient cause for delay as the belief that no legal remedy existed is not a valid ground; alleged illegalities do not relate to the impugned decision; execution of the decree has already been carried out, rendering the application academic and overtaken by events.

Court Disposition

Application dismissed

Orders

  • Each party to bear its own costs