cosmas yohana karadis vs cotex industries ltd 2021 tzhcld 462 12 novemba 2021

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

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Parties

Cosmas Yohana Karadis

Mleta Maombi

Cotex Industries Limited

Mjibu Maombi

Procedural Posture

Maombi Ya Marejeo / Pingamizi La Awali

  1. 1 Whether the application for review was filed within the statutory time limit
  2. 2 Whether electronic filing date or physical filing date determines timeliness
  3. 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.