muse zongori kisere vs richard kisika mugendi others 2022 tzca 640 18 october 2022

muse zongori kisere vs richard kisika mugendi others 2022 tzca 640 18 october 2022

The application was time-barred by one day, and since time limitation is a jurisdictional issue and not a mere technicality, the Court lacks jurisdiction to entertain the application. The Overriding Objective principle does not apply to cure jurisdictional defects.

Citation
muse zongori kisere vs richard kisika mugendi others 2022 tzca 640 18 october 2022
Parties
Applicant: Muse Zongori Kisere; 1st Respondent: Richard Kisika Mugendi; 2nd Respondent: Sophia Bhoke Maryogo; 3rd Respondent: Said Ally Mpembenwe (as Administrator of the Estate of the Late Seif Ally Mpembenwe)
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 October 2022
Procedural Posture
Civil Application for Revision / Ruling on Preliminary Objection Regarding Time Limitation
Outcome
Application struck out for being time-barred
Legal Topics
Limitation of Actions, Jurisdiction, Revision Applications, Overriding Objective Principle
Source Language
English
Civil Procedure Limitation of Actions Jurisdiction Revision Applications Overriding Objective Principle

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Parties

Muse Zongori Kisere

Applicant

Richard Kisika Mugendi

1st Respondent

Sophia Bhoke Maryogo

2nd Respondent

Said Ally Mpembenwe (as Administrator of the Estate of the Late Seif Ally Mpembenwe)

3rd Respondent

Procedural Posture

Civil Application for Revision / Ruling on Preliminary Objection Regarding Time Limitation

Legal Issues

  1. 1 Whether the application for revision was time-barred
  2. 2 Whether a one-day delay in filing is excusable under the Overriding Objective principle

Ratio Decidendi

The application was time-barred by one day, and since time limitation is a jurisdictional issue and not a mere technicality, the Court lacks jurisdiction to entertain the application. The Overriding Objective principle does not apply to cure jurisdictional defects.

Court Disposition

Application struck out for being time-barred

Orders

  • Application struck out with no order as to costs