john robert vs getrude allen mwandemele 2019 tzhc 172 17 december 2019

The application was filed out of time, exceeding the sixty-day limit provided by law, and without leave to extend time; therefore, it is struck out with costs.

Citation: john robert vs getrude allen mwandemele 2019 tzhc 172 17 december 2019
Parties: Applicant: John Robert; Respondent: Getrude Allen Mwandemele
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 17 December 2019
Procedural Posture: Civil Revision / Ruling on Preliminary Objection
Outcome: application struck out as time barred
Legal Topics: Limitation of Actions, Preliminary Objections, Revisional Jurisdiction
Source Language: English

Civil Procedure Limitation of Actions Preliminary Objections Revisional Jurisdiction

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Parties

John Robert

Applicant

Getrude Allen Mwandemele

Respondent

Procedural Posture

Civil Revision / Ruling on Preliminary Objection

Legal Issues

1 Whether the application is time barred under the Law of Limitation Act
2 Whether leave of court was required for filing out of time

Ratio Decidendi

The application was filed out of time, exceeding the sixty-day limit provided by law, and without leave to extend time; therefore, it is struck out with costs.

Court Disposition

application struck out as time barred

Orders

application struck out
costs awarded to respondent