20070730 TZCA Tanga

20070730 TZCA Tanga

The application was incompetent as to the second applicant for lack of a supporting affidavit and was time-barred as to the first applicant, having been filed after the 60-day limitation period without an application for extension of time.

Source-derived case information.

Citation
20070730 TZCA Tanga
Parties
Applicant: Dominic Nkya; Applicant: Omari Abdallah Kizaro; Respondent: Cecilia Mvungi; Respondent: Presidential Parastatal Sector Reform Commission; Respondent: Fax Auction Mart Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 July 2007
Procedural Posture
Civil Application for Revision / Ruling on Preliminary Objection
Outcome
Application dismissed with costs
Legal Topics
Revision, Locus Standi, Limitation Periods, Affidavit Requirements
Source Language
english
Civil Procedure Revision Locus Standi Limitation Periods Affidavit Requirements

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Summary, issues, holding and outcome

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Parties

Dominic Nkya

Applicant

Omari Abdallah Kizaro

Applicant

Cecilia Mvungi

Respondent

Presidential Parastatal Sector Reform Commission

Respondent

Fax Auction Mart Limited

Respondent

Procedural Posture

Civil Application for Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the applicants had locus standi to file the revision application
  2. 2 Whether the application was time-barred
  3. 3 Whether the application was properly supported by affidavits

Ratio Decidendi

The application was incompetent as to the second applicant for lack of a supporting affidavit and was time-barred as to the first applicant, having been filed after the 60-day limitation period without an application for extension of time.

Court Disposition

Application dismissed with costs

Orders

  • The application by the second applicant is struck out for want of a supporting affidavit.
  • The application by the first applicant is dismissed as time-barred.