peter n kiwia vs zantel another 2022 tzhclandd 12389 3 october 2022

peter n kiwia vs zantel another 2022 tzhclandd 12389 3 october 2022

The application was filed 1,091 days after the decision, far beyond the 60-day limitation period. The court lacks jurisdiction to entertain a time-barred application, and it must be dismissed under s. 3(1) of the Law of Limitation Act.

Citation
peter n kiwia vs zantel another 2022 tzhclandd 12389 3 october 2022
Parties
Applicant: Peter N. Kiwia; 1st Respondent: Zantel; 2nd Respondent: Mbegu Mwinyi Mkuu
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
3 October 2022
Procedural Posture
Land Revision / Ruling on Preliminary Objection
Outcome
Application dismissed as time barred
Legal Topics
Revision, Limitation of Actions, Jurisdiction, Preliminary Objection
Source Language
English
Civil Procedure Land Law Revision Limitation of Actions Jurisdiction Preliminary Objection

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Parties

Peter N. Kiwia

Applicant

Zantel

1st Respondent

Mbegu Mwinyi Mkuu

2nd Respondent

Procedural Posture

Land Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for revision is time barred
  2. 2 Whether the court has jurisdiction to entertain an application filed out of time

Ratio Decidendi

The application was filed 1,091 days after the decision, far beyond the 60-day limitation period. The court lacks jurisdiction to entertain a time-barred application, and it must be dismissed under s. 3(1) of the Law of Limitation Act.

Court Disposition

Application dismissed as time barred

Orders

  • Application dismissed for being time barred
  • Costs awarded to respondents