cosmas yohana karadis vs cotex industries ltd 2021 tzhcld 462 12 novemba 2021
The application was filed one day out of time, as the electronic filing occurred on 06/03/2021 instead of the required deadline of 05/03/2021. No leave for extension was sought. Therefore, the application is struck out for being filed out of time contrary to the statutory requirement.
- Citation
- cosmas yohana karadis vs cotex industries ltd 2021 tzhcld 462 12 novemba 2021
- Parties
- Mleta Maombi: Cosmas Yohana Karadis; Mjibu Maombi: Cotex Industries Limited
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2021
- Procedural Posture
- Maombi Ya Marejeo / Pingamizi La Awali
- Outcome
- Application struck out for being filed out of time.
- Legal Topics
- Limitation of Actions, Electronic Filing, Review of Arbitration Awards
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Cosmas Yohana Karadis
Mleta Maombi
Cotex Industries Limited
Mjibu Maombi
Procedural Posture
Maombi Ya Marejeo / Pingamizi La Awali
Legal Issues
- 1 Whether the application for review was filed within the statutory time limit
- 2 Whether electronic filing date or physical filing date determines timeliness
- 3 Consequence of filing out of time without leave of the court
Ratio Decidendi
The application was filed one day out of time, as the electronic filing occurred on 06/03/2021 instead of the required deadline of 05/03/2021. No leave for extension was sought. Therefore, the application is struck out for being filed out of time contrary to the statutory requirement.
Court Disposition
Application struck out for being filed out of time.
Orders
- Application is struck out for being filed out of time without leave of the court.
Full Case Text
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