EMMANUEL PATRICK SWAI

The application was filed within the prescribed time as the 30-day period started running from the day after the court order, and electronic filing rules recognize the date of control number generation as the filing date. Thus, the preliminary objections are overruled.

Citation: EMMANUEL PATRICK SWAI
Parties: Applicant: Emmanuel Patrick Swai; 1st Respondent: Patricia Ismail Matogo (Administratrix of the Estate of the Late Ismail Nkya); 2nd Respondent: Mohamed Faraji; 3rd Respondent: First World Investment Co. Court Brokers, Auctioneers, Debt Collectors
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 24 June 2024
Procedural Posture: Land Revision / Ruling on Preliminary Objection
Outcome: Preliminary objections overruled
Legal Topics: Limitation of Actions, Electronic Filing, Compliance With Court Orders
Source Language: English

Civil Procedure Land Law Limitation of Actions Electronic Filing Compliance With Court Orders

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 1

Parties

Emmanuel Patrick Swai

Applicant

Patricia Ismail Matogo (Administratrix of the Estate of the Late Ismail Nkya)

1st Respondent

Mohamed Faraji

2nd Respondent

First World Investment Co. Court Brokers, Auctioneers, Debt Collectors

3rd Respondent

Procedural Posture

Land Revision / Ruling on Preliminary Objection

Legal Issues

1 Whether the application was filed out of time
2 Whether the application contravened a prior court order

Ratio Decidendi

Court Disposition

Preliminary objections overruled

Orders

The court will proceed to determine the application on merit
Costs to follow the event