Taxation Reference No
The Taxation Reference was filed beyond the statutory 21-day period without leave of court and without sufficient evidence to justify exclusion of time spent obtaining the ruling; therefore, the application must be dismissed as time-barred under section 3(1) of the Law of Limitation Act.
- Citation
- Taxation Reference No
- Parties
- Applicant: Arif Haji Sadick; Respondent: 3D Systems Contractors Ltd
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2023
- Procedural Posture
- Taxation Reference / Ruling on Preliminary Objections
- Outcome
- Application dismissed with costs
- Legal Topics
- Limitation of Actions, Taxation of Costs, Affidavit Requirements
- Source Language
- English
Case Brief
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Parties
Arif Haji Sadick
Applicant
3D Systems Contractors Ltd
Respondent
Procedural Posture
Taxation Reference / Ruling on Preliminary Objections
Legal Issues
- 1 Whether the Taxation Reference was filed out of time
- 2 Whether the Applicant's affidavit contained argumentative matter contrary to procedural law
Ratio Decidendi
The Taxation Reference was filed beyond the statutory 21-day period without leave of court and without sufficient evidence to justify exclusion of time spent obtaining the ruling; therefore, the application must be dismissed as time-barred under section 3(1) of the Law of Limitation Act.
Court Disposition
Application dismissed with costs
Orders
- Taxation Reference dismissed for being filed out of time
- Applicant to pay costs
Full Case Text
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