alaf limited vs the board of trustees of the public service social security fund psssf another 2023 tzca 17456 26 july 2023

alaf limited vs the board of trustees of the public service social security fund psssf another 2023 tzca 17456 26 july 2023

The application is misconceived as it improperly combines prayers for extension of time and stay of execution in a single application, and is time-barred; the court lacks jurisdiction to entertain a time-barred application. Remedy is to allow amendment and refiling by separating the prayers.

Citation
alaf limited vs the board of trustees of the public service social security fund psssf another 2023 tzca 17456 26 july 2023
Parties
Applicant: ALAF Limited; 1st Respondent: The Board of Trustees of the Public Service Social Security Fund (PSSSF); 2nd Respondent: ALAF Savings and Credit Co-operative Society Limited (ALAF SACCOS)
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 July 2023
Procedural Posture
Civil Application / Ruling on Preliminary Objection Regarding Omnibus Application and Time Bar
Outcome
Application ordered to be amended and refiled by separating the prayers.
Legal Topics
Stay of Execution, Extension of Time, Omnibus Applications, Jurisdiction, Time Limitation
Source Language
English
Civil Procedure Stay of Execution Extension of Time Omnibus Applications Jurisdiction Time Limitation

Case Brief

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Parties

ALAF Limited

Applicant

The Board of Trustees of the Public Service Social Security Fund (PSSSF)

1st Respondent

ALAF Savings and Credit Co-operative Society Limited (ALAF SACCOS)

2nd Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection Regarding Omnibus Application and Time Bar

Legal Issues

  1. 1 Whether the omnibus application combining extension of time and stay of execution is proper
  2. 2 Whether the application is time-barred and the court has jurisdiction

Ratio Decidendi

The application is misconceived as it improperly combines prayers for extension of time and stay of execution in a single application, and is time-barred; the court lacks jurisdiction to entertain a time-barred application. Remedy is to allow amendment and refiling by separating the prayers.

Court Disposition

Application ordered to be amended and refiled by separating the prayers.

Orders

  • Applicant to amend and refile the application by separating the prayers for extension of time and stay of execution.