dismas mark vs the governing council of institute of finance management and another 2020 tzhc 3366 27 october 2020

dismas mark vs the governing council of institute of finance management and another 2020 tzhc 3366 27 october 2020

The High Court has jurisdiction to grant extension of time for filing application for leave to apply for prerogative orders under section 14(1) of the Law of Limitation Act, not section 44(1); however, the applicant failed to provide sufficient and substantiated reasons to account for the entire period of delay, thus the application for extension of time is dismissed.

Citation
dismas mark vs the governing council of institute of finance management and another 2020 tzhc 3366 27 october 2020
Parties
Applicant: Dismas Mark; 1st Respondent: The Governing Council of the Institute of Finance Management; 2nd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 October 2020
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time and Preliminary Objection
Outcome
Application dismissed
Legal Topics
Extension of Time, Judicial Review, Limitation of Actions, Prerogative Orders
Source Language
English
Civil Procedure Administrative Law Extension of Time Judicial Review Limitation of Actions Prerogative Orders

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Parties

Dismas Mark

Applicant

The Governing Council of the Institute of Finance Management

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time and Preliminary Objection

Legal Issues

  1. 1 Whether the High Court has jurisdiction to grant extension of time for filing application for leave to apply for prerogative orders
  2. 2 Whether sufficient reasons were shown to justify the extension of time sought

Ratio Decidendi

The High Court has jurisdiction to grant extension of time for filing application for leave to apply for prerogative orders under section 14(1) of the Law of Limitation Act, not section 44(1); however, the applicant failed to provide sufficient and substantiated reasons to account for the entire period of delay, thus the application for extension of time is dismissed.

Court Disposition

Application dismissed

Orders

  • No order as to costs