20170320 TZHC Dodoma

20170320 TZHC Dodoma

Applicant demonstrated genuine and sufficient cause for delay due to illness and death of Mufti, which disrupted institutional leadership. The application is not for execution of decree but for certification of payment, thus not barred by section 14(1) Law of Limitation Act. Court exercised discretion to grant extension.

Citation
20170320 TZHC Dodoma
Parties
Applicant: Registered Trustees of BAKWATA; Respondent: Registered Trustees of Dodoma General Muslim Association
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 March 2017
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Satisfaction of Decree, Execution Proceedings
Source Language
English
Civil Procedure Limitation Law Extension of Time Satisfaction of Decree Execution Proceedings

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Parties

Registered Trustees of BAKWATA

Applicant

Registered Trustees of Dodoma General Muslim Association

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause exists to enlarge time for the applicant to apply for certification of payment as satisfaction of decree
  2. 2 Whether section 14(1) of the Law of Limitation Act bars the application

Ratio Decidendi

Applicant demonstrated genuine and sufficient cause for delay due to illness and death of Mufti, which disrupted institutional leadership. The application is not for execution of decree but for certification of payment, thus not barred by section 14(1) Law of Limitation Act. Court exercised discretion to grant extension.

Court Disposition

Application granted

Orders

  • Applicant given twenty one (21) days to file application under Order XXI Rule 2(2) Civil Procedure Code
  • No order for costs