20120628 TZHC Dar es Salaam

20120628 TZHC Dar es Salaam

The applicant was entitled to assume that a copy of the drawn order needed to accompany the memorandum of review, and the time spent obtaining it should be excluded from the limitation period. The preliminary objection is dismissed.

Citation
20120628 TZHC Dar es Salaam
Parties
Applicant/defendant: Noble Motors Ltd; Respondent/plaintiff: Umoja wa Wakulima wa Bonde la Kisere (UWABOKI)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 June 2012
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed
Legal Topics
Limitation Period, Review Applications, Attachment of Drawn Order
Source Language
English
Civil Procedure Limitation Period Review Applications Attachment of Drawn Order

Case Brief

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Parties

Noble Motors Ltd

Applicant/defendant

Umoja wa Wakulima wa Bonde la Kisere (UWABOKI)

Respondent/plaintiff

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for review is time-barred due to late filing
  2. 2 Whether time spent obtaining a drawn order should be excluded from limitation period

Ratio Decidendi

The applicant was entitled to assume that a copy of the drawn order needed to accompany the memorandum of review, and the time spent obtaining it should be excluded from the limitation period. The preliminary objection is dismissed.

Court Disposition

preliminary objection dismissed

Orders

  • Application for review to be heard on merits
  • Costs to be in the cause