joseph juma vs nasibu hamisi 2021 tzhc 7169 15 november 2021

joseph juma vs nasibu hamisi 2021 tzhc 7169 15 november 2021

Rule 3(4) of GN 311/1964 cannot be cited as an enabling provision for extension of time in the High Court; the proper provision is section 14(1) of the Law of Limitation Act. The application is therefore incompetent and improperly before the court.

Citation
joseph juma vs nasibu hamisi 2021 tzhc 7169 15 november 2021
Parties
Applicant: Joseph Juma; Respondent: Nasibu Hamisi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 November 2021
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out
Legal Topics
Extension of Time, Jurisdiction, Limitation of Actions, Primary Court Appeals
Source Language
English
Civil Procedure Extension of Time Jurisdiction Limitation of Actions Primary Court Appeals

Case Brief

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Parties

Joseph Juma

Applicant

Nasibu Hamisi

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether Rule 3(4) of GN 311/1964 applies in the High Court for extension of time in matters originating from the primary court
  2. 2 Whether the prayers in the chamber summons correspond with the supporting affidavit

Ratio Decidendi

Rule 3(4) of GN 311/1964 cannot be cited as an enabling provision for extension of time in the High Court; the proper provision is section 14(1) of the Law of Limitation Act. The application is therefore incompetent and improperly before the court.

Court Disposition

Application struck out

Orders

  • Application struck out
  • No order as to costs