jovin michael vs efrahim geruman 2020 tzhc 218 28 february 2020

jovin michael vs efrahim geruman 2020 tzhc 218 28 february 2020

The application was filed outside the statutory limitation period of 30 days from the date the judgment was ready for collection, and no leave for extension of time was sought or obtained, rendering the application incompetent.

Citation
jovin michael vs efrahim geruman 2020 tzhc 218 28 february 2020
Parties
Applicant: Jovin Michael; Respondent: Efrahim Geruman
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 February 2020
Procedural Posture
Land Application / Ruling on Preliminary Objection
Outcome
Application dismissed
Legal Topics
Limitation of Actions, Leave to Appeal, Preliminary Objection
Source Language
English
Civil Procedure Land Law Limitation of Actions Leave to Appeal Preliminary Objection

Case Brief

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Parties

Jovin Michael

Applicant

Efrahim Geruman

Respondent

Procedural Posture

Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for leave to appeal was filed within the prescribed limitation period
  2. 2 Whether the application is competent in law

Ratio Decidendi

The application was filed outside the statutory limitation period of 30 days from the date the judgment was ready for collection, and no leave for extension of time was sought or obtained, rendering the application incompetent.

Court Disposition

Application dismissed

Orders

  • Application dismissed without costs
  • Right of appeal explained