Ruling Miscellaneous Civil Application No

Ruling Miscellaneous Civil Application No

The court held it was functus officio and lacked jurisdiction to entertain the application for extension of time after a previous application was dismissed as time barred; the application was therefore dismissed with costs.

Citation
Ruling Miscellaneous Civil Application No
Parties
Applicant: Idrisa Yusuf Msangi; 1st Respondent: Zena Bakari Mbwambo; 2nd Respondent: Mwajuma Twalib Ramadhani
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Limitation of Actions, Jurisdiction, Res Judicata, Functus Officio
Source Language
English
Civil Procedure Land Law Extension of Time Limitation of Actions Jurisdiction Res Judicata Functus Officio

Case Brief

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Parties

Idrisa Yusuf Msangi

Applicant

Zena Bakari Mbwambo

1st Respondent

Mwajuma Twalib Ramadhani

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the court can grant extension of time to file revision after a previous application was dismissed as time barred
  2. 2 Whether the court retains jurisdiction after a matter is determined as time barred

Ratio Decidendi

The court held it was functus officio and lacked jurisdiction to entertain the application for extension of time after a previous application was dismissed as time barred; the application was therefore dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • The application for extension of time is dismissed with costs.