philemon lugangira vs apolinary mwananzige and another 2021 tzhclandd 633 12 october 2021

philemon lugangira vs apolinary mwananzige and another 2021 tzhclandd 633 12 october 2021

The application for revision was filed after the expiry of the 60-day limitation period prescribed by Item 21 of Part III to the Schedule of the Law of Limitation Act; applicant's lack of party status in lower court does not justify late filing; leave of court was not sought; application is time barred and must be dismissed.

Citation
philemon lugangira vs apolinary mwananzige and another 2021 tzhclandd 633 12 october 2021
Parties
Applicant: Philemon Lugangira; 1st Respondent: Apolinary Mwananzige; 2nd Respondent: Magreth Nambilu Lugangira
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
12 October 2021
Procedural Posture
Land Revision / Ruling on Preliminary Objection
Outcome
Application dismissed with costs; preliminary objection upheld.
Legal Topics
Revision Proceedings, Limitation of Actions, Right to Be Heard
Source Language
English
Land Law Civil Procedure Revision Proceedings Limitation of Actions Right to Be Heard

Case Brief

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Parties

Philemon Lugangira

Applicant

Apolinary Mwananzige

1st Respondent

Magreth Nambilu Lugangira

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 revision applications are subject to limitation periods
  3. 3 Whether applicant's lack of party status in lower court justifies late filing

Ratio Decidendi

The application for revision was filed after the expiry of the 60-day limitation period prescribed by Item 21 of Part III to the Schedule of the Law of Limitation Act; applicant's lack of party status in lower court does not justify late filing; leave of court was not sought; application is time barred and must be dismissed.

Court Disposition

Application dismissed with costs; preliminary objection upheld.

Orders

  • Application for revision dismissed with costs.
  • Right of appeal explained.