20051125 TZCA Dar es Salaam 3

20051125 TZCA Dar es Salaam 3

The limitation period for filing an application for review begins on the date the judgment is delivered to the parties, not the date it is signed by the Judges. Therefore, the application was filed within time.

Citation
20051125 TZCA Dar es Salaam 3
Parties
Applicant: Peter Ng'homango; 1st Respondent: Gerson M.K. Mwangwa; 2nd Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 November 2005
Procedural Posture
Civil Application for Review / Preliminary Objection Ruling
Outcome
Preliminary objection overruled
Legal Topics
Review Applications, Limitation Period, Computation of Time
Source Language
English
Civil Procedure Review Applications Limitation Period Computation of Time

Case Brief

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Parties

Peter Ng'homango

Applicant

Gerson M.K. Mwangwa

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Civil Application for Review / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the application for review was filed within the prescribed time limit
  2. 2 When does the limitation period for filing a review application commence—date of judgment signing or date of delivery

Ratio Decidendi

The limitation period for filing an application for review begins on the date the judgment is delivered to the parties, not the date it is signed by the Judges. Therefore, the application was filed within time.

Court Disposition

Preliminary objection overruled

Orders

  • Costs in the cause
  • Application to proceed to hearing on merit