20090519 TZCA Mwanza

20090519 TZCA Mwanza

The application was misconceived as it improperly combined requests for review of two different cases, one of which involved a party not present in the original matter, and the application for review of Civil Appeal No. 37 of 2001 was filed out of time, exceeding the 60-day limitation period.

Citation
20090519 TZCA Mwanza
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
19 May 2009
Procedural Posture
Civil Application for Review / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Review of Court Orders, Preliminary Objection, Limitation Periods, Abuse of Process
Source Language
English
Civil Procedure Review of Court Orders Preliminary Objection Limitation Periods 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 or amounted to an abuse of process
  2. 2 Whether the application for review was time-barred

Ratio Decidendi

The application was misconceived as it improperly combined requests for review of two different cases, one of which involved a party not present in the original matter, and the application for review of Civil Appeal No. 37 of 2001 was filed out of time, exceeding the 60-day limitation period.

Court Disposition

Application struck out with costs

Orders

  • The application lodged by Peter Mabimbi is struck out with costs.