paulina thomas vs prosper john mutayoba and another 2020 tzhc 1807 30 june 2020

paulina thomas vs prosper john mutayoba and another 2020 tzhc 1807 30 june 2020

The court held that once extension of time is granted, the period must comply with the statutory prescription, not less or more. The applicant was wrongly given only 14 days instead of 45 days as required by law. The preliminary objection was overruled and extension of time to apply for review was granted.

Citation
paulina thomas vs prosper john mutayoba and another 2020 tzhc 1807 30 june 2020
Parties
Applicant: Paulina Thomas; 1st Respondent: Prosper John Mutayoba; 2nd Respondent: Francis Gratian
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 June 2020
Procedural Posture
Land Review / Ruling on Preliminary Objection Regarding Time Bar
Outcome
Preliminary objection overruled; extension of time granted.
Legal Topics
Extension of Time, Limitation Periods, Review Applications
Source Language
English
Land Law Civil Procedure Extension of Time Limitation Periods Review Applications

Case Brief

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Parties

Paulina Thomas

Applicant

Prosper John Mutayoba

1st Respondent

Francis Gratian

2nd Respondent

Procedural Posture

Land Review / Ruling on Preliminary Objection Regarding Time Bar

Legal Issues

  1. 1 Whether the application for review was time-barred
  2. 2 Whether the court could grant extension of time beyond the period previously set by the court

Ratio Decidendi

The court held that once extension of time is granted, the period must comply with the statutory prescription, not less or more. The applicant was wrongly given only 14 days instead of 45 days as required by law. The preliminary objection was overruled and extension of time to apply for review was granted.

Court Disposition

Preliminary objection overruled; extension of time granted.

Orders

  • Applicant to file review application within 60 days of this ruling.
  • Each party to bear their own costs.