felix lendita vs michael longidu 2024 tzca 131 21 february 2024

felix lendita vs michael longidu 2024 tzca 131 21 february 2024

The application before the court is not an application for a second bite but an application for extension of time to file such an application. Therefore, the preliminary objection that the application is time-barred is misplaced and is overruled.

Citation
felix lendita vs michael longidu 2024 tzca 131 21 february 2024
Parties
Applicant: Felix Lendita; Respondent: Michael Longid'u
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 February 2024
Procedural Posture
Civil Application / Ruling on Preliminary Objection
Outcome
preliminary objection overruled
Legal Topics
Extension of Time, Preliminary Objection, Court Procedure
Source Language
English

Case Brief

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Parties

Felix Lendita

Applicant

Michael Longid'u

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection

  1. 1 Whether the application for extension of time is time-barred
  2. 2 Whether the preliminary objection is properly raised

Ratio Decidendi

The application before the court is not an application for a second bite but an application for extension of time to file such an application. Therefore, the preliminary objection that the application is time-barred is misplaced and is overruled.

Court Disposition

preliminary objection overruled

Orders

  • Application adjourned to a future session as scheduled by the Registrar
  • No order as to costs