petro deemay vs mandoo ami 2023 tzhc 22597 14 november 2023

petro deemay vs mandoo ami 2023 tzhc 22597 14 november 2023

The application was filed out of time as the 21-day limitation period expired on 27.04.2023, and there was no legal requirement to attach the ruling or deduct time spent obtaining it; section 19(2) of the Law of Limitation Act and Order XXXIX rule 1(1) of the Civil Procedure Code are inapplicable.

Citation
petro deemay vs mandoo ami 2023 tzhc 22597 14 november 2023
Parties
Applicant: Petro Deemay; Respondent: Mandoo Ami
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 November 2023
Procedural Posture
Reference / Ruling on Preliminary Objection
Outcome
application struck out as time barred
Legal Topics
Limitation of Actions, Taxation of Costs, Reference Procedure
Source Language
English
Civil Procedure Land Law Limitation of Actions Taxation of Costs Reference Procedure

Case Brief

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Parties

Petro Deemay

Applicant

Mandoo Ami

Respondent

Procedural Posture

Reference / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the reference application was time barred

Ratio Decidendi

The application was filed out of time as the 21-day limitation period expired on 27.04.2023, and there was no legal requirement to attach the ruling or deduct time spent obtaining it; section 19(2) of the Law of Limitation Act and Order XXXIX rule 1(1) of the Civil Procedure Code are inapplicable.

Court Disposition

application struck out as time barred

Orders

  • application struck out
  • no extension of time granted