martin nicas manya vs maiko musa 4 others 2022 tzhclandd 155 31 march 2022

martin nicas manya vs maiko musa 4 others 2022 tzhclandd 155 31 march 2022

The application was filed 14 days beyond the prescribed 30-day limitation period, and there was no application for extension of time; therefore, the application is time-barred and must be dismissed under section 3 of the Law of Limitation Act.

Citation
martin nicas manya vs maiko musa 4 others 2022 tzhclandd 155 31 march 2022
Parties
Applicant: Martin Nicas Manya; 1st Respondent: Maiko Musa; 2nd Respondent: Patrick Brown; 3rd Respondent: Yona Mwanja; 4th Respondent: Victor Matandika; 5th Respondent: Shabani Said
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 March 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome
Application dismissed as time-barred
Legal Topics
Limitation of Actions, Setting Aside Dismissal Orders, Proper Citation of Law
Source Language
English
Civil Procedure Land Law Limitation of Actions Setting Aside Dismissal Orders Proper Citation of Law

Case Brief

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Parties

Martin Nicas Manya

Applicant

Maiko Musa

1st Respondent

Patrick Brown

2nd Respondent

Yona Mwanja

3rd Respondent

Victor Matandika

4th Respondent

Shabani Said

5th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application was filed within the prescribed limitation period
  2. 2 Whether the application cited the correct legal provisions

Ratio Decidendi

The application was filed 14 days beyond the prescribed 30-day limitation period, and there was no application for extension of time; therefore, the application is time-barred and must be dismissed under section 3 of the Law of Limitation Act.

Court Disposition

Application dismissed as time-barred

Orders

  • Each party to shoulder his own costs