Charles Gidanyesh
The application is res judicata because the issue of limitation of time has already been determined by the High Court in previous proceedings between the same parties; therefore, the present application cannot be entertained.
- Citation
- Charles Gidanyesh
- Parties
- Applicant: Charles Gidanyesh; 1st Respondent: Hanot Gidamurjang; 2nd Respondent: Paulina Charles
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 7 June 2023
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Leave to File Out of Time an Application for Certificate on Point of Law
- Outcome
- Application dismissed with costs
- Legal Topics
- Extension of Time, Res Judicata, Limitation of Actions
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Charles Gidanyesh
Applicant
Hanot Gidamurjang
1st Respondent
Paulina Charles
2nd Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Leave to File Out of Time an Application for Certificate on Point of Law
Legal Issues
- 1 Whether the High Court can entertain an application for extension of time after the issue of limitation has already been determined between the same parties
Ratio Decidendi
The application is res judicata because the issue of limitation of time has already been determined by the High Court in previous proceedings between the same parties; therefore, the present application cannot be entertained.
Court Disposition
Application dismissed with costs
Orders
- Application dismissed as res judicata
- Costs awarded to respondents
Full Case Text
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