abdul ibrahim vs ayub mwalemba another 2022 tzca 602 5 october 2022
The preliminary objection on time bar and jurisdiction is misconceived as Rule 10 allows the court to extend time upon good cause shown. However, the application lacks merit as the applicant conceded his original application was time barred and did not challenge the dismissal order.
- Citation
- abdul ibrahim vs ayub mwalemba another 2022 tzca 602 5 october 2022
- Parties
- Applicant: Abdul Ibrahim; 1st Respondent: Ayubu Mwalemba; 2nd Respondent: The Registered Trustee of BAKWATA
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 5 October 2022
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time
- Outcome
- Application struck out with costs
- Legal Topics
- Extension of Time, Preliminary Objection, Jurisdiction, Time Bar
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Abdul Ibrahim
Applicant
Ayubu Mwalemba
1st Respondent
The Registered Trustee of BAKWATA
2nd Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the application for extension of time is time barred
- 2 Whether the preliminary objection on jurisdiction and time bar is meritorious
Ratio Decidendi
The preliminary objection on time bar and jurisdiction is misconceived as Rule 10 allows the court to extend time upon good cause shown. However, the application lacks merit as the applicant conceded his original application was time barred and did not challenge the dismissal order.
Court Disposition
Application struck out with costs
Orders
- Application struck out with costs
Full Case Text
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