sabath mbulouma mkama another vs molland mkamba mashombo 2023 tzhclandd 17145 16 november 2023

sabath mbulouma mkama another vs molland mkamba mashombo 2023 tzhclandd 17145 16 november 2023

The application was filed out of time prescribed by law for revision applications, and applicants failed to demonstrate a written request for copies to benefit from exclusion of time under section 19(2) of the Law of Limitation Act. The application is therefore time barred and must be dismissed.

Citation
sabath mbulouma mkama another vs molland mkamba mashombo 2023 tzhclandd 17145 16 november 2023
Parties
1st Applicant: Sabath Mbulouma Mkama; 2nd Applicant: Anna Benjamin Makabara; Respondent: Molland M Kamba Mashombo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
16 November 2023
Procedural Posture
Land Revision / Ruling on Preliminary Objections
Outcome
Application dismissed for being time barred
Legal Topics
Revision, Limitation of Time, Ex Parte Judgment, Preliminary Objection
Source Language
English
Civil Procedure Land Law Revision Limitation of Time Ex Parte Judgment Preliminary Objection

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Parties

Sabath Mbulouma Mkama

1st Applicant

Anna Benjamin Makabara

2nd Applicant

Molland M Kamba Mashombo

Respondent

Procedural Posture

Land Revision / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application for revision was filed within the prescribed limitation period
  2. 2 Whether revision is available as an alternative to appeal
  3. 3 Whether the application was prematurely filed without exhausting remedies at the trial tribunal

Ratio Decidendi

The application was filed out of time prescribed by law for revision applications, and applicants failed to demonstrate a written request for copies to benefit from exclusion of time under section 19(2) of the Law of Limitation Act. The application is therefore time barred and must be dismissed.

Court Disposition

Application dismissed for being time barred

Orders

  • Application dismissed
  • Costs to follow the event