ahmed abdallah saleh vs eutropia joseph tarimo administrator of the late andrew joseph tarimo two others 2023 tzhc 21522 29 september 2023

ahmed abdallah saleh vs eutropia joseph tarimo administrator of the late andrew joseph tarimo two others 2023 tzhc 21522 29 september 2023

The application for extension of time was incompetent because the applicant was still within the 60-day limitation period to file the substantive application to set aside the dismissal order, and thus there was no need for an extension. Filing for extension before expiry of the limitation period, in these circumstances, is misconceived.

Citation
ahmed abdallah saleh vs eutropia joseph tarimo administrator of the late andrew joseph tarimo two others 2023 tzhc 21522 29 september 2023
Parties
Applicant: Ahmed Abdallah Saleh; 1st Respondent: Eutropia Joseph Tarimo (Administrator of the Late Andrew Joseph Tarimo); 2nd Respondent: Shabani Selemani Juma; 3rd Respondent: Alliance Insurance Corporation
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 September 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out
Legal Topics
Extension of Time, Limitation of Actions, Abuse of Process, Restoration of Dismissed Applications
Source Language
English
Civil Procedure Extension of Time Limitation of Actions Abuse of Process Restoration of Dismissed Applications

Case Brief

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Parties

Ahmed Abdallah Saleh

Applicant

Eutropia Joseph Tarimo (Administrator of the Late Andrew Joseph Tarimo)

1st Respondent

Shabani Selemani Juma

2nd Respondent

Alliance Insurance Corporation

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for extension of time was prematurely filed and thus incompetent
  2. 2 Whether the application amounted to abuse of court process

Ratio Decidendi

The application for extension of time was incompetent because the applicant was still within the 60-day limitation period to file the substantive application to set aside the dismissal order, and thus there was no need for an extension. Filing for extension before expiry of the limitation period, in these circumstances, is misconceived.

Court Disposition

Application struck out

Orders

  • The application is struck out as incompetent.
  • The 3rd respondent is awarded costs.