20050502 TZCA Mbeya 1
The application for leave to appeal was filed out of time and the period spent on review proceedings could not be excluded from the limitation period. The High Court's dismissal of the application for leave was correct.
- Citation
- 20050502 TZCA Mbeya 1
- Parties
- Applicant: Prisca Magaga; Respondent: Alphonsina Sanga
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 2 May 2005
- Procedural Posture
- Civil Application / Application for Leave to Appeal to Court of Appeal
- Outcome
- Application dismissed with costs
- Legal Topics
- Leave to Appeal, Limitation of Actions, Review Proceedings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Prisca Magaga
Applicant
Alphonsina Sanga
Respondent
Procedural Posture
Civil Application / Application for Leave to Appeal to Court of Appeal
Legal Issues
- 1 Whether the application for leave to appeal was time-barred
- 2 Whether time spent in review proceedings can be excluded from limitation period for seeking leave to appeal
Ratio Decidendi
The application for leave to appeal was filed out of time and the period spent on review proceedings could not be excluded from the limitation period. The High Court's dismissal of the application for leave was correct.
Court Disposition
Application dismissed with costs
Orders
- Application for leave to appeal dismissed
- Applicant to pay costs
Full Case Text
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