hamza mansour and others vs abdalla amin and others 2023 tzhc 17416 22 may 2023

hamza mansour and others vs abdalla amin and others 2023 tzhc 17416 22 may 2023

The application was filed out of time, beyond the 60 days prescribed by law, and is therefore time barred. Time limitation is a jurisdictional issue and the court cannot entertain the application further.

Citation
hamza mansour and others vs abdalla amin and others 2023 tzhc 17416 22 may 2023
Parties
Applicant: Hamza Mansour; Applicant: Abdulhakim Abeid; Applicant: Abdillah Saleh; Applicant: Abui Maftah; Applicant: Maruzuku Magongo; Applicant: The Registered Trustees of Jumaa Mosque Mwanza; Respondent: Abdallah Amin Abdallah; Respondent: Omary S. Mbalamwezi; Respondent: Khalid Abdallah; Respondent: Sherally Hussein Sherally; Respondent: Ibrahim Hussein; Respondent: Idrissa Abdallah; Respondent: The Administrator General; Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 May 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application dismissed
Legal Topics
Stay of Execution, Limitation of Actions, Preliminary Objection, Security for Costs
Source Language
English
Civil Procedure Stay of Execution Limitation of Actions Preliminary Objection Security for Costs

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Parties

Hamza Mansour

Applicant

Abdulhakim Abeid

Applicant

Abdillah Saleh

Applicant

Abui Maftah

Applicant

Maruzuku Magongo

Applicant

The Registered Trustees of Jumaa Mosque Mwanza

Applicant

Abdallah Amin Abdallah

Respondent

Omary S. Mbalamwezi

Respondent

Khalid Abdallah

Respondent

Sherally Hussein Sherally

Respondent

Ibrahim Hussein

Respondent

Idrissa Abdallah

Respondent

The Administrator General

Respondent

The Attorney General

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the preliminary objection on time limitation meets the threshold of a preliminary objection in law
  2. 2 Whether the application for stay of execution is time barred
  3. 3 Whether the application is incompetent and premature for failure to furnish security for costs

Ratio Decidendi

The application was filed out of time, beyond the 60 days prescribed by law, and is therefore time barred. Time limitation is a jurisdictional issue and the court cannot entertain the application further.

Court Disposition

Application dismissed

Orders

  • Application dismissed for being time barred under section 3(1) of the Law of Limitation Act [Cap 89 R.E 2019]
  • Applicants to bear all costs