20130624 TZHC Dar es Salaam 2

20130624 TZHC Dar es Salaam 2

There was no proper application before the court as only a notice of application was filed; the court is not functus officio since the previous dismissal was not on merit; applicant is at liberty to file a proper application for extension of time.

Citation
20130624 TZHC Dar es Salaam 2
Parties
Applicant: Precision Air Services Ltd; Respondent: Janeth Matolah
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 June 2013
Procedural Posture
Miscellaneous Labour Application / Ruling on Preliminary Application
Outcome
application struck out
Legal Topics
Extension of Time, Functus Officio, Procedural Requirements
Source Language
English
Labour Law Civil Procedure Extension of Time Functus Officio Procedural Requirements

Case Brief

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Parties

Precision Air Services Ltd

Applicant

Janeth Matolah

Respondent

Procedural Posture

Miscellaneous Labour Application / Ruling on Preliminary Application

Legal Issues

  1. 1 Whether the court can grant extension of time to file revision after previous dismissal for lateness
  2. 2 Whether the court is functus officio in the circumstances
  3. 3 Whether a proper application was before the court

Ratio Decidendi

There was no proper application before the court as only a notice of application was filed; the court is not functus officio since the previous dismissal was not on merit; applicant is at liberty to file a proper application for extension of time.

Court Disposition

application struck out

Orders

  • The purported application is struck out.
  • Applicant is at liberty to bring the application for extension of time if desired.