israel solomon kivuyo vs wayani langoi another 2017 tzca 176 18 may 2017

The application for review was filed nineteen years after the judgment and is time barred; Rule 40 does not override the limitation period for review applications.

Citation: israel solomon kivuyo vs wayani langoi another 2017 tzca 176 18 may 2017
Parties: Applicant: Israel Solomon Kivuyo; Respondent: Wayani Langoi; Respondent: Naishooki Wayani
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 18 May 2017
Procedural Posture: Civil Application / Application for Review
Outcome: application struck out
Legal Topics: Review of Judgment, Limitation Period, Correction of Errors
Source Language: English

Civil Procedure Review of Judgment Limitation Period Correction of Errors

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Parties

Israel Solomon Kivuyo

Applicant

Wayani Langoi

Respondent

Naishooki Wayani

Respondent

Procedural Posture

Civil Application / Application for Review

Legal Issues

1 Whether the application for review was filed within the prescribed limitation period
2 Whether Rule 40 of the Court of Appeal Rules, 1979 allows review of judgment after 19 years
3 Whether alleged false documents constitute grounds for review under Rule 40

Ratio Decidendi

The application for review was filed nineteen years after the judgment and is time barred; Rule 40 does not override the limitation period for review applications.

Court Disposition

application struck out

Orders

Application struck out for being incompetent
No order as to costs