mitawa yohanis chaula vs flora ngailo and another 2014 tzhclandd 6 14 march 2014

mitawa yohanis chaula vs flora ngailo and another 2014 tzhclandd 6 14 march 2014

The application is competent because the correct provision (Section 14(1) of the Law of Limitation Act) was cited, and the wrong citation of Section 38(1) does not render the application incompetent.

Citation
mitawa yohanis chaula vs flora ngailo and another 2014 tzhclandd 6 14 march 2014
Parties
Applicant: Mitawa Yohanis Chaula; Respondent: Flora Ngailo; Respondent: Danford Mbilinyi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
14 March 2014
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Preliminary Objection dismissed with costs
Legal Topics
Extension of Time, Preliminary Objection, Limitation of Actions, Proper Citation of Law
Source Language
English
Civil Procedure Land Law Extension of Time Preliminary Objection Limitation of Actions Proper Citation of Law

Case Brief

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Parties

Mitawa Yohanis Chaula

Applicant

Flora Ngailo

Respondent

Danford Mbilinyi

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is incompetent due to citation of a wrong provision of law
  2. 2 Whether the application is time barred

Ratio Decidendi

The application is competent because the correct provision (Section 14(1) of the Law of Limitation Act) was cited, and the wrong citation of Section 38(1) does not render the application incompetent.

Court Disposition

Preliminary Objection dismissed with costs

Orders

  • Application is proper before the Court
  • Preliminary Objection dismissed with costs