ezekiah tom oluoch vs chama cha walimu tanzania others 2022 tzhc 11572 4 august 2022

ezekiah tom oluoch vs chama cha walimu tanzania others 2022 tzhc 11572 4 august 2022

The application is incompetent because section 14(1) of the Law of Limitation Act and section 95 of the Civil Procedure Code do not provide for extension of time to file a fresh suit or petition for violation of human rights, and there is no statutory time limit for such petitions; therefore, the application is struck out.

Citation
ezekiah tom oluoch vs chama cha walimu tanzania others 2022 tzhc 11572 4 august 2022
Parties
Applicant: Ezekiah Tom Oluoch; 1st Respondent: Chama cha Walimu Tanzania; 2nd Respondent: Leah H. Ulaya; 3rd Respondent: Deus G. Seif; 4th Respondent: Abubakar S. Alawi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 August 2022
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objections and Application
Outcome
Application struck out as incompetent
Legal Topics
Extension of Time, Jurisdiction, Human Rights Petition, Limitation of Actions
Source Language
English
Civil Procedure Constitutional Law Extension of Time Jurisdiction Human Rights Petition Limitation of Actions

Case Brief

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Parties

Ezekiah Tom Oluoch

Applicant

Chama cha Walimu Tanzania

1st Respondent

Leah H. Ulaya

2nd Respondent

Deus G. Seif

3rd Respondent

Abubakar S. Alawi

4th Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections and Application

Legal Issues

  1. 1 Whether the application for extension of time to file a human rights petition is maintainable under section 14(1) of the Law of Limitation Act and section 95 of the Civil Procedure Code
  2. 2 Whether there is a statutory time limit for filing a human rights petition in the High Court
  3. 3 Whether the application is properly before the court

Ratio Decidendi

The application is incompetent because section 14(1) of the Law of Limitation Act and section 95 of the Civil Procedure Code do not provide for extension of time to file a fresh suit or petition for violation of human rights, and there is no statutory time limit for such petitions; therefore, the application is struck out.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out
  • No order as to costs