peter mabimbi vs the minister for labour youth development others 2009 tzca 58 22 may 2009

peter mabimbi vs the minister for labour youth development others 2009 tzca 58 22 may 2009

The application was misconceived as it sought review of two matters in one Notice of Motion, one of which the third respondent was not a party, and the application for review of Civil Appeal No. 37 of 2001 was filed outside the 60-day limitation period.

Citation
peter mabimbi vs the minister for labour youth development others 2009 tzca 58 22 may 2009
Parties
Applicant: Peter Mabimbi; First Respondent: The Minister for Labor and Youth Development; Second Respondent: The Attorney General; Third Respondent: The Regional Manager, TANESCO- Mwanza
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 May 2009
Procedural Posture
Civil Application for Review / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Review, Preliminary Objection, Limitation Period, Abuse of Process
Source Language
English
Civil Procedure Review Preliminary Objection Limitation Period Abuse of Process

Case Brief

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Parties

Peter Mabimbi

Applicant

The Minister for Labor and Youth Development

First Respondent

The Attorney General

Second Respondent

The Regional Manager, TANESCO- Mwanza

Third Respondent

Procedural Posture

Civil Application for Review / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for review was properly constituted
  2. 2 Whether the application was time barred
  3. 3 Whether the applicant mixed two applications in one Notice of Motion

Ratio Decidendi

The application was misconceived as it sought review of two matters in one Notice of Motion, one of which the third respondent was not a party, and the application for review of Civil Appeal No. 37 of 2001 was filed outside the 60-day limitation period.

Court Disposition

Application struck out with costs

Orders

  • Application struck out
  • Costs awarded to respondents