jackson balthazar vs yohana ero another 2024 tzhc 384 8 february 2024

jackson balthazar vs yohana ero another 2024 tzhc 384 8 february 2024

The application is time barred because, although electronically submitted on 22/6/2023, the payment of filing fees was made on 23/6/2023, which is outside the 30-day limitation period. The law requires that filing is completed upon payment of fees.

Citation
jackson balthazar vs yohana ero another 2024 tzhc 384 8 february 2024
Parties
Applicant: Jackson Balthazar; 1st Respondent: Yohana Ero; 2nd Respondent: Basilisa Ero
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 February 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome
Application dismissed as time barred with costs.
Legal Topics
Limitation of Actions, Electronic Filing, Leave to Appeal
Source Language
English
Civil Procedure Land Law Limitation of Actions Electronic Filing Leave to Appeal

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Parties

Jackson Balthazar

Applicant

Yohana Ero

1st Respondent

Basilisa Ero

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application was filed within the prescribed limitation period under the law considering electronic filing and payment of fees

Ratio Decidendi

The application is time barred because, although electronically submitted on 22/6/2023, the payment of filing fees was made on 23/6/2023, which is outside the 30-day limitation period. The law requires that filing is completed upon payment of fees.

Court Disposition

Application dismissed as time barred with costs.

Orders

  • Application dismissed with costs.