gaitan mwagile vs john sasa others 2016 tzhc 2237 27 may 2016
The application was filed out of time prescribed by law and without leave of the court. The previous order striking out the earlier application with liberty to file afresh did not amount to leave to file out of time. The preliminary objection was upheld and the application dismissed.
- Citation
- gaitan mwagile vs john sasa others 2016 tzhc 2237 27 may 2016
- Parties
- Applicant: Gaitan Mwagile; Respondents: John Sasa & Others
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 27 May 2016
- Procedural Posture
- Miscellaneous Land Application / Ruling on Preliminary Objection
- Outcome
- Application dismissed
- Legal Topics
- Leave to Appeal, Limitation of Actions, Proper Citation of Enabling Provisions
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Gaitan Mwagile
Applicant
John Sasa & Others
Respondents
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application for leave to appeal was filed out of time
- 2 Whether the applicant was granted leave to file the application out of time
- 3 Whether the court was properly moved under the correct legal provisions
Ratio Decidendi
The application was filed out of time prescribed by law and without leave of the court. The previous order striking out the earlier application with liberty to file afresh did not amount to leave to file out of time. The preliminary objection was upheld and the application dismissed.
Court Disposition
Application dismissed
Orders
- Application dismissed for being filed out of time and without leave of the court
- Each party to bear own costs
Full Case Text
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