JOEL RUNDAjudgement

JOEL RUNDAjudgement

The High Court lacks jurisdiction to entertain an application for extension of time after it has already dismissed a previous application for being time barred under section 3(1) of the Law of Limitation Act; the proper remedy is review, appeal, or revision, not re-application before the same court.

Citation
JOEL RUNDAjudgement
Parties
Applicant: Joel Runda Marivei; 1st Respondent: Commissioner General of Prisons; 2nd Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
12 December 2022
Procedural Posture
Miscellaneous Civil Cause / Ruling on Application for Extension of Time to Apply for Judicial Review
Outcome
Application dismissed with costs for want of merits.
Legal Topics
Extension of Time, Judicial Review, Jurisdiction, Dismissal From Employment, Limitation of Actions
Source Language
English
Administrative Law Employment Law Civil Procedure Extension of Time Judicial Review Jurisdiction Dismissal From Employment Limitation of Actions

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Parties

Joel Runda Marivei

Applicant

Commissioner General of Prisons

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Application for Extension of Time to Apply for Judicial Review

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain an application for extension of time after dismissal for being time barred
  2. 2 Whether a party can re-apply for extension of time after dismissal under section 3(1) of the Law of Limitation Act

Ratio Decidendi

The High Court lacks jurisdiction to entertain an application for extension of time after it has already dismissed a previous application for being time barred under section 3(1) of the Law of Limitation Act; the proper remedy is review, appeal, or revision, not re-application before the same court.

Court Disposition

Application dismissed with costs for want of merits.

Orders

  • Application dismissed with costs
  • Right of appeal explained