COSMOS PROPERTIES LTD VS SHANGA HAI MSITU MSC

COSMOS PROPERTIES LTD VS SHANGA HAI MSITU MSC

The application was filed out of time as the order was extracted on 30th May 2017; section 19(2) does not apply since the order was available on the extraction date. No leave was sought for late filing, so the application must be dismissed under section 3 of the Law of Limitation Act.

Citation
COSMOS PROPERTIES LTD VS SHANGA HAI MSITU MSC
Parties
Applicant: Cosmos Properties Limited; 1st Respondent: Shanga Hai Mistu Elevator Company Ltd; 2nd Respondent: S.E.C (East African) Company Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2017
Procedural Posture
Misc Commercial Application / Ruling on Preliminary Objection
Outcome
Application dismissed with costs
Legal Topics
Limitation of Actions, Review Applications, Procedural Objections
Source Language
English
Civil Procedure Commercial Law Limitation of Actions Review Applications Procedural Objections

Case Brief

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Parties

Cosmos Properties Limited

Applicant

Shanga Hai Mistu Elevator Company Ltd

1st Respondent

S.E.C (East African) Company Limited

2nd Respondent

Procedural Posture

Misc Commercial Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for review was filed within the prescribed limitation period
  2. 2 Whether section 19(2) of the Law of Limitation Act applies to exclude time for obtaining a copy of the order
  3. 3 Whether the application contravenes Order XLII Rule 9 of the Civil Procedure Code

Ratio Decidendi

The application was filed out of time as the order was extracted on 30th May 2017; section 19(2) does not apply since the order was available on the extraction date. No leave was sought for late filing, so the application must be dismissed under section 3 of the Law of Limitation Act.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicant to pay costs