abdulrasul ahmed jaffer and 2 others vs parin a jaffer and another 1995 tzca 51 21 november 1995

abdulrasul ahmed jaffer and 2 others vs parin a jaffer and another 1995 tzca 51 21 november 1995

The High Court erred in extending the period of limitation suo motu without an application; the court's discretion under section 14(1) of the Law of Limitation Act can only be exercised upon a formal application and after hearing both parties.

Citation
abdulrasul ahmed jaffer and 2 others vs parin a jaffer and another 1995 tzca 51 21 november 1995
Parties
Appellant: Abdulrasul Ahmed Jaffer; Appellant: The National Housing Corporation; Appellant: The Registrar of Titles; Respondent: Parin A. Jaffer; Respondent: Amirali A. Jaffer
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 November 1995
Procedural Posture
Civil Appeal / Appeal From High Court Ruling on Preliminary Objection
Outcome
appeal allowed
Legal Topics
Limitation of Actions, Extension of Time, Rectification of Land Register
Source Language
English
Civil Procedure Limitation of Actions Extension of Time Rectification of Land Register

Case Brief

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Parties

Abdulrasul Ahmed Jaffer

Appellant

The National Housing Corporation

Appellant

The Registrar of Titles

Appellant

Parin A. Jaffer

Respondent

Amirali A. Jaffer

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court could extend the period of limitation suo motu under section 14(1) of the Law of Limitation Act after finding the application time barred.

Ratio Decidendi

The High Court erred in extending the period of limitation suo motu without an application; the court's discretion under section 14(1) of the Law of Limitation Act can only be exercised upon a formal application and after hearing both parties.

Court Disposition

appeal allowed

Orders

  • High Court ruling set aside
  • Application dismissed as time barred