anderson mwankusye vs martine ndunguru 2022 tzhc 10530 28 june 2022

The court lacks jurisdiction to entertain an application for extension of time after the original appeal was dismissed for being time barred; such dismissal is final and conclusive, and the only remedies are review, appeal, or revision, not re-filing in the same court.

Source-derived case information.

Citation: anderson mwankusye vs martine ndunguru 2022 tzhc 10530 28 june 2022
Parties: Applicant: Anderson Mwankusye; Respondent: Martin Ndunguru
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 28 June 2022
Procedural Posture: Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome: Application dismissed
Legal Topics: Extension of Time, Limitation of Actions, Functus Officio, Res Judicata
Source Language: english

Civil Procedure Land Law Extension of Time Limitation of Actions Functus Officio Res Judicata

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 12 Party arguments 2

Parties

Anderson Mwankusye

Applicant

Martin Ndunguru

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether the court can entertain an application for extension of time after the original appeal was dismissed for being time barred under section 3(1) of the Law of Limitation Act

Ratio Decidendi

Court Disposition

Application dismissed

Orders

No order as to costs; each party to bear its own
Right of appeal explained

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