20190326 TZHC Dar es Salaam

20190326 TZHC Dar es Salaam

The application was struck out as incompetent because it improperly combined two distinct revision prayers arising from different rulings in one chamber summons, and one of the prayers was time barred under the Law of Limitation Act.

Citation
20190326 TZHC Dar es Salaam
Parties
Applicant: Osman Gao Hoza; 1st Respondent: Mohamed Shabani; 2nd Respondent: Richard Godfrey; 3rd Respondent: Mwajuma Shabani Salum (As administratrix of the estate of the late Mwajuma Salum); 4th Respondent: G & B Trades Co. Ltd; 5th Respondent: Unyangala Auction Mart
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 March 2019
Procedural Posture
Civil Revision / Ruling on Preliminary Objections
Outcome
Application struck out as incompetent with costs.
Legal Topics
Limitation of Actions, Revision Proceedings, Omnibus Prayers, Procedural Incompetence
Source Language
English
Civil Procedure Limitation of Actions Revision Proceedings Omnibus Prayers Procedural Incompetence

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Parties

Osman Gao Hoza

Applicant

Mohamed Shabani

1st Respondent

Richard Godfrey

2nd Respondent

Mwajuma Shabani Salum (As administratrix of the estate of the late Mwajuma Salum)

3rd Respondent

G & B Trades Co. Ltd

4th Respondent

Unyangala Auction Mart

5th Respondent

Procedural Posture

Civil Revision / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application for revision is time barred
  2. 2 Whether combining two distinct revision prayers in one chamber summons is competent

Ratio Decidendi

The application was struck out as incompetent because it improperly combined two distinct revision prayers arising from different rulings in one chamber summons, and one of the prayers was time barred under the Law of Limitation Act.

Court Disposition

Application struck out as incompetent with costs.

Orders

  • The entire application is struck out as incompetent with costs.