20110817 TZHC Dar es Salaam

20110817 TZHC Dar es Salaam

The application for revision of the ruling delivered on 11th December, 2009 is not time barred because the applicant was supplied with the certified copy of the ruling on 29th January, 2010 and filed the application on 2nd February, 2010, within the 60-day limitation period. The preliminary objection on limitation is without merit. The objection that the matter is sub judice is also without merit as the application is neither pending in another court nor already decided between the same parties.

Citation
20110817 TZHC Dar es Salaam
Parties
Applicant: Ally Bakari Urassa; 1st Respondent: Salum Bakari Urassa; 2nd Respondent: Eric Auction Mart; 3rd Respondent: Nassor Awadhi Bafadhili
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 August 2011
Procedural Posture
Civil Revision / Ruling on Preliminary Objections
Outcome
Preliminary objections overruled with costs.
Legal Topics
Limitation of Actions, Revision of Magistrate Court Decisions, Preliminary Objection, Execution of Judgments
Source Language
English
Civil Procedure Limitation of Actions Revision of Magistrate Court Decisions Preliminary Objection Execution of Judgments

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Parties

Ally Bakari Urassa

Applicant

Salum Bakari Urassa

1st Respondent

Eric Auction Mart

2nd Respondent

Nassor Awadhi Bafadhili

3rd Respondent

Procedural Posture

Civil Revision / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application for revision is time barred under the Law of Limitation Act
  2. 2 Whether the application is sub judice due to pending Misc. Civil Application No. 127 of 2008

Ratio Decidendi

The application for revision of the ruling delivered on 11th December, 2009 is not time barred because the applicant was supplied with the certified copy of the ruling on 29th January, 2010 and filed the application on 2nd February, 2010, within the 60-day limitation period. The preliminary objection on limitation is without merit. The objection that the matter is sub judice is also without merit as the application is neither pending in another court nor already decided between the same parties.

Court Disposition

Preliminary objections overruled with costs.

Orders

  • Hearing of the application for revision fixed for 16/9/2011.