20160322 TZHC Arusha

20160322 TZHC Arusha

The limitation period for filing the review application began when the certified copies of proceedings were ready for collection (21/06/2012). The application was filed within 29 days, thus within the prescribed time. The trial magistrate erred in holding the application time barred.

Citation
20160322 TZHC Arusha
Parties
Appellant: Faustine Dawite Shauri; 1st Respondent: Meru District Council; 2nd Respondent: Usa River Village Council
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 March 2016
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Limitation Period, Review Application, Computation of Time
Source Language
English
Civil Procedure Limitation Period Review Application Computation of Time

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Faustine Dawite Shauri

Appellant

Meru District Council

1st Respondent

Usa River Village Council

2nd Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether Misc. Civil Application No. 44/2012 was time barred when filed

Ratio Decidendi

The limitation period for filing the review application began when the certified copies of proceedings were ready for collection (21/06/2012). The application was filed within 29 days, thus within the prescribed time. The trial magistrate erred in holding the application time barred.

Court Disposition

appeal allowed

Orders

  • Misc. Civil Application No. 44/2012 remitted to the trial court for hearing and determination inter-parties before another magistrate