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The applicant was not afforded an opportunity to be heard in proceedings that affected his proprietary rights, which constitutes illegality and is sufficient cause for extension of time.

Citation: 27
Parties: Applicant: Zuberi Saad Nsembo; 1st Respondent: Elizabeth Msyani; 2nd Respondent: Vicky MwakYoma; 3rd Respondent: Fagio Brokers & Auctioneers Co. Ltd
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 7 May 2024
Procedural Posture: Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome: Application granted
Legal Topics: Extension of Time, Revision, Natural Justice, Right to Be Heard
Source Language: English

Civil Procedure Extension of Time Revision Natural Justice Right to Be Heard

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Parties

Zuberi Saad Nsembo

Applicant

Elizabeth Msyani

1st Respondent

Vicky MwakYoma

2nd Respondent

Fagio Brokers & Auctioneers Co. Ltd

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether the applicant has advanced sufficient cause for extension of time to file revision
2 Whether failure to afford the applicant an opportunity to be heard constitutes illegality

Ratio Decidendi

The applicant was not afforded an opportunity to be heard in proceedings that affected his proprietary rights, which constitutes illegality and is sufficient cause for extension of time.

Court Disposition

Application granted

Orders

Applicant to file intended revision within thirty (30) days from the date of the ruling
No order as to costs

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