amos fulgence karangula vs kagera co operative union 1990 ltd 2017 tzca 144 5 december 2017

The application was filed more than four years after the impugned decision without an order for extension of time, violating Rule 65(4) of the Rules. The application is incompetent and time barred.

Citation: amos fulgence karangula vs kagera co operative union 1990 ltd 2017 tzca 144 5 december 2017
Parties: Applicant: Amos Fulgence Karungula; Respondent: Kagera Co-operative Union (1990) Ltd
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 5 December 2017
Procedural Posture: Civil Application for Revision / Ruling on Competence and Timeliness
Outcome: Application struck out as time barred and incompetent.
Legal Topics: Revision, Limitation of Actions, Extension of Time
Source Language: English

Civil Procedure Revision Limitation of Actions Extension of Time

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Parties

Amos Fulgence Karungula

Applicant

Kagera Co-operative Union (1990) Ltd

Respondent

Procedural Posture

Civil Application for Revision / Ruling on Competence and Timeliness

Legal Issues

1 Whether the application for revision was filed within the prescribed limitation period under Rule 65(4) of the Tanzania Court of Appeal Rules, 2009
2 Whether the applicant was required to seek extension of time before filing the present application
3 Whether the applicant's preliminary objection was properly raised

Ratio Decidendi

The application was filed more than four years after the impugned decision without an order for extension of time, violating Rule 65(4) of the Rules. The application is incompetent and time barred.

Court Disposition

Application struck out as time barred and incompetent.

Orders

Application struck out with costs.
Applicant's preliminary objection struck out.