20030304 TZCA Dar es Salaam2

20030304 TZCA Dar es Salaam2

The application for revision was incompetent as it was filed out of time without any extension sought or obtained; therefore, the High Court should have held it time-barred.

Source-derived case information.

Citation
20030304 TZCA Dar es Salaam2
Parties
Appellant: Jafapi Jussa; Respondent: Nestory Mizanbwa t/a Lithbwe Enterprises
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 March 2003
Procedural Posture
Civil Appeal / Appeal From High Court Decision on Preliminary Objection in Revision Proceedings
Outcome
appeal allowed with costs
Legal Topics
Limitation Period, Revision Proceedings, Finality of Proceedings
Source Language
english
Civil Procedure Limitation Period Revision Proceedings Finality of Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jafapi Jussa

Appellant

Nestory Mizanbwa t/a Lithbwe Enterprises

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision on Preliminary Objection in Revision Proceedings

Legal Issues

  1. 1 Whether the application for revision was time-barred under the Law of Limitation Act 1971
  2. 2 Whether section 44(1)(b) of the Magistrates' Courts Act provides for an unlimited period for revision

Ratio Decidendi

The application for revision was incompetent as it was filed out of time without any extension sought or obtained; therefore, the High Court should have held it time-barred.

Court Disposition

appeal allowed with costs

Orders

  • application for revision declared incompetent for being out of time
  • costs awarded to appellant