rhoda mwasifiga vs the manager nbc bank and others 2020 tzhc 389 5 march 2020

rhoda mwasifiga vs the manager nbc bank and others 2020 tzhc 389 5 march 2020

The application is dismissed because it is time barred under the Law of Limitation Act and is supported by a defective affidavit, both defects being incurable under the law and not subject to the overriding objective principle.

Citation
rhoda mwasifiga vs the manager nbc bank and others 2020 tzhc 389 5 march 2020
Parties
Applicant: Rhoda Mwasifiga; 1st Respondent: The Manager NBC Bank; 2nd Respondent: Director Matema Security Ltd; 3rd Respondent: Anthony Alex George; 4th Respondent: Peter Mwasifiga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 March 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Limitation Period, Defective Affidavit, Overriding Objective Principle
Source Language
English
Civil Procedure Land Law Extension of Time Limitation Period Defective Affidavit Overriding Objective Principle

Case Brief

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Parties

Rhoda Mwasifiga

Applicant

The Manager NBC Bank

1st Respondent

Director Matema Security Ltd

2nd Respondent

Anthony Alex George

3rd Respondent

Peter Mwasifiga

4th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is time barred under the Law of Limitation Act
  2. 2 Whether the supporting affidavit is defective and invalid
  3. 3 Applicability of the overriding objective principle to cure procedural defects

Ratio Decidendi

The application is dismissed because it is time barred under the Law of Limitation Act and is supported by a defective affidavit, both defects being incurable under the law and not subject to the overriding objective principle.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs