charles s kimambo vs clement leonard kusudya another 2017 tzhc 2058 23 june 2017

charles s kimambo vs clement leonard kusudya another 2017 tzhc 2058 23 june 2017

The applicant failed to account for each day of delay and did not provide sufficient reasons for the inordinate delay of 12 years. Time spent on administrative complaints cannot be excluded under section 21(1) of the Law of Limitation Act. The application for extension of time is therefore dismissed.

Citation
charles s kimambo vs clement leonard kusudya another 2017 tzhc 2058 23 june 2017
Parties
Applicant: Charles S Kimambo; 1st Respondent: Clement Leonard Kusudya (Administrator of the Estates of the late Leonard Kusudya); 2nd Respondent: National Bank of Commerce
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 June 2017
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Limitation of Actions, Revision Proceedings
Source Language
English
Civil Procedure Extension of Time Limitation of Actions Revision Proceedings

Case Brief

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Parties

Charles S Kimambo

Applicant

Clement Leonard Kusudya (Administrator of the Estates of the late Leonard Kusudya)

1st Respondent

National Bank of Commerce

2nd Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an application for revision out of time
  2. 2 Whether time spent pursuing administrative remedies can be excluded under section 21(1) of the Law of Limitation Act

Ratio Decidendi

The applicant failed to account for each day of delay and did not provide sufficient reasons for the inordinate delay of 12 years. Time spent on administrative complaints cannot be excluded under section 21(1) of the Law of Limitation Act. The application for extension of time is therefore dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is disallowed and dismissed with costs.