oxley ltd vs nyarugusu mine co ltd another 2023 tzhccomd 249 31 july 2023
The date of filing is the date on which the filing fee is paid, not the date of electronic submission. Since the fee was paid on 16th March, 2023, the application was filed out of time and is therefore dismissed.
- Citation
- oxley ltd vs nyarugusu mine co ltd another 2023 tzhccomd 249 31 july 2023
- Parties
- Applicant: Oxley Limited; 1st Respondent: Nyarugusu Mine Company Limited; 2nd Respondent: Ferranti Processing Limited
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 31 July 2023
- Procedural Posture
- Commercial Review / Ruling on Preliminary Objection
- Outcome
- Application dismissed as time barred
- Legal Topics
- Limitation of Actions, Electronic Filing, Review Applications
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Oxley Limited
Applicant
Nyarugusu Mine Company Limited
1st Respondent
Ferranti Processing Limited
2nd Respondent
Procedural Posture
Commercial Review / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the review application was filed within the statutory limitation period
- 2 Whether electronic filing date or fee payment date constitutes the date of filing
Ratio Decidendi
The date of filing is the date on which the filing fee is paid, not the date of electronic submission. Since the fee was paid on 16th March, 2023, the application was filed out of time and is therefore dismissed.
Court Disposition
Application dismissed as time barred
Orders
- Application dismissed
- Applicant to bear the costs
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