20110705 TZHC Moshi

20110705 TZHC Moshi

The application was filed outside the prescribed 60-day limitation period from the date of the ruling, and no leave for extension of time was sought; therefore, the application must be dismissed as time-barred.

Citation
20110705 TZHC Moshi
Parties
Applicant: Freedrick Makisa; Respondent: Marco Naibala
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 July 2011
Procedural Posture
Civil Revision / Ruling on Preliminary Objection
Outcome
application dismissed
Legal Topics
Limitation of Actions, Revision Applications, Preliminary Objection
Source Language
English
Civil Procedure Limitation of Actions Revision Applications Preliminary Objection

Case Brief

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Parties

Freedrick Makisa

Applicant

Marco Naibala

Respondent

Procedural Posture

Civil Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for revision was time-barred under the Law of Limitation Act

Ratio Decidendi

The application was filed outside the prescribed 60-day limitation period from the date of the ruling, and no leave for extension of time was sought; therefore, the application must be dismissed as time-barred.

Court Disposition

application dismissed

Orders

  • The preliminary objection is sustained.
  • The application is dismissed with costs.