19960524 TZHC Dar es Salaam

The trial magistrate's act of allowing applications filed out of time, without leave, does not amount to a lack of jurisdiction. Therefore, there is no merit in the application for revision.

Citation: 19960524 TZHC Dar es Salaam
Parties: Applicant/plaintiff: Godfrey Uroru; Respondent: Kisarawe District Council
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 24 May 1996
Procedural Posture: Application for Revision / Ruling on Application for Revision
Outcome: Application dismissed
Legal Topics: Revision, Jurisdiction, Limitation of Actions, Ex Parte Orders, Stay of Execution
Source Language: English

Civil Procedure Revision Jurisdiction Limitation of Actions Ex Parte Orders Stay of Execution

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Parties

Godfrey Uroru

Applicant/plaintiff

Kisarawe District Council

Respondent

Procedural Posture

Application for Revision / Ruling on Application for Revision

Legal Issues

1 Whether the trial magistrate exercised jurisdiction with material irregularity by allowing time-barred applications without leave
2 Whether the High Court should revise the lower court's order setting aside the ex parte judgment

Ratio Decidendi

The trial magistrate's act of allowing applications filed out of time, without leave, does not amount to a lack of jurisdiction. Therefore, there is no merit in the application for revision.

Court Disposition

Application dismissed

Orders

Application for revision is refused