ridhiwani a juma vs ultimate security t ltd 2020 tzhcld 112 24 july 2020

ridhiwani a juma vs ultimate security t ltd 2020 tzhcld 112 24 july 2020

The application was filed outside the seven-day period granted by the court, without prior leave for extension of time. The computation of time under section 60(1)(b) of the Interpretation of Laws Act does not apply to court orders made in exercise of discretion, but only to periods prescribed by written law. Therefore, the application is incompetent for being time barred.

Citation
ridhiwani a juma vs ultimate security t ltd 2020 tzhcld 112 24 july 2020
Parties
Applicant: Ridhiwani A. Juma; Respondent: Ultimate Security (T) Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
24 July 2020
Procedural Posture
Labour Revision / Ruling on Preliminary Objection
Outcome
application dismissed
Legal Topics
Limitation of Actions, Extension of Time, Court Orders Compliance
Source Language
English
Labour Law Civil Procedure Limitation of Actions Extension of Time Court Orders Compliance

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Parties

Ridhiwani A. Juma

Applicant

Ultimate Security (T) Ltd

Respondent

Procedural Posture

Labour Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for revision was filed within the time granted by the court
  2. 2 Whether the computation of time excluded the first day as per statutory interpretation
  3. 3 Whether the application is incompetent for being time barred

Ratio Decidendi

The application was filed outside the seven-day period granted by the court, without prior leave for extension of time. The computation of time under section 60(1)(b) of the Interpretation of Laws Act does not apply to court orders made in exercise of discretion, but only to periods prescribed by written law. Therefore, the application is incompetent for being time barred.

Court Disposition

application dismissed

Orders

  • The application is dismissed for being filed out of time without leave of the court.