samwel mgonja ta sweet corner enviro care vs kobil t ltd 2012 tzhccomd 62 15 march 2012

samwel mgonja ta sweet corner enviro care vs kobil t ltd 2012 tzhccomd 62 15 march 2012

The petition is not time barred because the applicant prosecuted the matter bona fide in a court without jurisdiction, and the time spent in those proceedings is excluded under section 21(2) of the Law of Limitation Act. The applicant complied with Order 7 Rule 6 of the Civil Procedure Code by stating grounds for exclusion of time in the petition.

Citation
samwel mgonja ta sweet corner enviro care vs kobil t ltd 2012 tzhccomd 62 15 march 2012
Parties
Petitioner: Samwel Mgonja t/a Sweet Corner Enviro.Care; Respondent: Kobil Tanzania Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
15 March 2012
Procedural Posture
Petition / Ruling on Preliminary Objection
Outcome
preliminary objection overruled
Legal Topics
Appointment of Arbitrator, Limitation Period, Exclusion of Time, Jurisdiction, Preliminary Objection
Source Language
English
Arbitration Civil Procedure Limitation of Actions Appointment of Arbitrator Limitation Period Exclusion of Time Jurisdiction Preliminary Objection

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Parties

Samwel Mgonja t/a Sweet Corner Enviro.Care

Petitioner

Kobil Tanzania Limited

Respondent

Procedural Posture

Petition / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the petition for appointment of an arbitrator is time barred under the Law of Limitation Act
  2. 2 Whether exclusion of time spent in bona fide proceedings in a court without jurisdiction applies

Ratio Decidendi

The petition is not time barred because the applicant prosecuted the matter bona fide in a court without jurisdiction, and the time spent in those proceedings is excluded under section 21(2) of the Law of Limitation Act. The applicant complied with Order 7 Rule 6 of the Civil Procedure Code by stating grounds for exclusion of time in the petition.

Court Disposition

preliminary objection overruled

Orders

  • Preliminary objection is overruled with costs.