20071218 TZCA Dar es Salaam

20071218 TZCA Dar es Salaam

Once an application for prerogative orders is determined as time-barred and dismissed, applicants cannot re-file the same application in the High Court; the only remedy is to appeal the dismissal. The distinction between striking out and dismissal does not alter the substantive outcome under limitation law.

Source-derived case information.

Citation
20071218 TZCA Dar es Salaam
Parties
Appellant: Hashim Madongo; Appellant: Charles Leole; Appellant: Damas Kagere; Respondent: Minister for Industry and Trade; Respondent: Attorney General; Respondent: Dar es Salaam Regional Trading Co. Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 December 2007
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed with costs
Legal Topics
Extension of Time, Prerogative Orders, Certiorari, Mandamus, Limitation of Actions
Source Language
english
Civil Procedure Administrative Law Labour Law Extension of Time Prerogative Orders Certiorari Mandamus Limitation of Actions

Source-derived case record

Summary, issues, holding and outcome

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Parties

Hashim Madongo

Appellant

Charles Leole

Appellant

Damas Kagere

Appellant

Minister for Industry and Trade

Respondent

Attorney General

Respondent

Dar es Salaam Regional Trading Co. Ltd

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether appellants could file a fresh application for prerogative orders after previous application was struck out as time-barred
  2. 2 Whether striking out versus dismissing an application affects the right to re-file
  3. 3 Whether High Court applications after the initial time-barred dismissal were tenable

Ratio Decidendi

Once an application for prerogative orders is determined as time-barred and dismissed, applicants cannot re-file the same application in the High Court; the only remedy is to appeal the dismissal. The distinction between striking out and dismissal does not alter the substantive outcome under limitation law.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellants to pay costs