epimael nko vs frida malya 2022 tzhc 10197 29 april 2022

epimael nko vs frida malya 2022 tzhc 10197 29 april 2022

The application was filed within the prescribed limitation period because electronic filing on 24/02/2022 constitutes proper filing under the current law, and the computation of time excludes the date of judgment and the period required to obtain a copy of the judgment.

Source-derived case information.

Citation
epimael nko vs frida malya 2022 tzhc 10197 29 april 2022
Parties
Applicant: Epimael Nko; Respondent: Frida Malya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 April 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed with costs
Legal Topics
Limitation of Actions, Electronic Filing, Leave to Appeal
Source Language
english
Civil Procedure Land Law Limitation of Actions Electronic Filing Leave to Appeal

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Parties

Epimael Nko

Applicant

Frida Malya

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application was filed within the prescribed limitation period under the law
  2. 2 Whether electronic filing constitutes proper filing for limitation purposes

Ratio Decidendi

The application was filed within the prescribed limitation period because electronic filing on 24/02/2022 constitutes proper filing under the current law, and the computation of time excludes the date of judgment and the period required to obtain a copy of the judgment.

Court Disposition

Preliminary objection dismissed with costs

Orders

  • Preliminary objection dismissed
  • Costs awarded to applicant