19900405 tzca dar es salaam

19900405 tzca dar es salaam

The appellant was hopelessly out of time to seek relief against disability, as time began to run when he engaged counsel in 1986. Belated registration did not affect prior business activities or lift the disability retrospectively. Registration without mutual consent is valid if statutory declaration is made by a partner. The Court of Appeal's judgment is final and cannot be altered by subsequent actions.

Citation
19900405 tzca dar es salaam
Parties
Appellant: Appellant (name not specified); Respondent: Respondent (name not specified)
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 April 1990
Procedural Posture
Miscellaneous Civil Appeal / Appeal From High Court Ruling
Outcome
Appeal dismissed
Legal Topics
Limitation of Actions, Business Names Registration, Partnership Agreement, Extension of Time
Source Language
English
Commercial Law Partnership Law Business Registration Law Limitation of Actions Business Names Registration Partnership Agreement Extension of Time

Case Brief

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Parties

Appellant (name not specified)

Appellant

Respondent (name not specified)

Respondent

Procedural Posture

Miscellaneous Civil Appeal / Appeal From High Court Ruling

Legal Issues

  1. 1 Whether the High Court erred in refusing to grant extension of time to apply for relief against disability under section 15(1)(a) of the Business Names (Registration) Ordinance
  2. 2 Legal effect of belated registration of particulars of change in partnership
  3. 3 Validity of registration without mutual consent of partners

Ratio Decidendi

The appellant was hopelessly out of time to seek relief against disability, as time began to run when he engaged counsel in 1986. Belated registration did not affect prior business activities or lift the disability retrospectively. Registration without mutual consent is valid if statutory declaration is made by a partner. The Court of Appeal's judgment is final and cannot be altered by subsequent actions.

Court Disposition

Appeal dismissed

Orders

  • No extension of time granted
  • Application for relief against disability rejected