20140327 TZHC Dodoma

20140327 TZHC Dodoma

The application for revision was time barred because the extension of time granted by the Registrar was null and void for lack of jurisdiction. The Registrar's powers do not include granting extension of time to file applications, and an incompetent application cannot be withdrawn or amended but must be struck out.

Citation
20140327 TZHC Dodoma
Parties
Applicant: Notbruga Maskini; Respondent: Local Authorities Pension Fund (LAPF)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 March 2014
Procedural Posture
Labour Revision / Ruling on Preliminary Objection
Outcome
Application struck out as time barred
Legal Topics
Time Barred Applications, Jurisdiction of Registrar, Extension of Time, Defective Affidavit, Withdrawal and Striking Out of Applications
Source Language
English
Labour Law Civil Procedure Time Barred Applications Jurisdiction of Registrar Extension of Time Defective Affidavit Withdrawal and Striking Out of Applications

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Parties

Notbruga Maskini

Applicant

Local Authorities Pension Fund (LAPF)

Respondent

Procedural Posture

Labour Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for revision was filed out of time
  2. 2 Whether the Registrar had jurisdiction to grant extension of time to re-file the application
  3. 3 Whether an incompetent application can be withdrawn or amended

Ratio Decidendi

The application for revision was time barred because the extension of time granted by the Registrar was null and void for lack of jurisdiction. The Registrar's powers do not include granting extension of time to file applications, and an incompetent application cannot be withdrawn or amended but must be struck out.

Court Disposition

Application struck out as time barred

Orders

  • Application struck out for being filed out of time
  • Leave granted to applicant to re-file a proper application within sixty (60) days from the date of the ruling