janet joseph and another vs beatrice lyinga 2020 tzhclandd 3967 16 november 2020

The application is time barred as it seeks to challenge a decree pronounced on 23rd August 2016, well beyond the 60-day limitation period, and is also brought under the wrong legal provision. The attempt to challenge the decree through execution proceedings is an impermissible circumvention of the law.

Citation: janet joseph and another vs beatrice lyinga 2020 tzhclandd 3967 16 november 2020
Parties: Applicant: Janet Joseph; Applicant: Doris Juma Msando; Respondent: Beatrice Lyinga
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 16 November 2020
Procedural Posture: Land Revision / Ruling on Preliminary Objection
Outcome: Application dismissed for being time barred with costs.
Legal Topics: Revision Proceedings, Limitation of Actions, Jurisdiction, Execution of Decrees
Source Language: English

Civil Procedure Land Law Revision Proceedings Limitation of Actions Jurisdiction Execution of Decrees

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2

Parties

Janet Joseph

Applicant

Doris Juma Msando

Applicant

Beatrice Lyinga

Respondent

Procedural Posture

Land Revision / Ruling on Preliminary Objection

Legal Issues

1 Whether the application for revision is time barred
2 Whether the application was brought under the correct legal provision

Ratio Decidendi

Court Disposition

Application dismissed for being time barred with costs.

Orders

Application dismissed for being time barred
Costs awarded to the respondent