20101230 TZHC Dar es Salaam

20101230 TZHC Dar es Salaam

The application for review was dismissed as it was filed out of time and did not meet the statutory grounds for review under Order XLII Rule 1 of the Civil Procedure Code. The remedies sought could only be pursued by way of appeal, not review, and the court was functus officio.

Citation
20101230 TZHC Dar es Salaam
Parties
Applicant: S. G. Laxman; Respondent: John Mwananjela
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 December 2010
Procedural Posture
Civil Appeal / Ruling on Memorandum of Review and Preliminary Objection
Outcome
Application dismissed
Legal Topics
Review of Judgment, Limitation Periods, Functus Officio, Grounds for Review
Source Language
English
Civil Procedure Review of Judgment Limitation Periods Functus Officio Grounds for Review

Case Brief

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Parties

S. G. Laxman

Applicant

John Mwananjela

Respondent

Procedural Posture

Civil Appeal / Ruling on Memorandum of Review and Preliminary Objection

Legal Issues

  1. 1 Whether the application for review was time-barred
  2. 2 Whether the grounds raised are proper for review under the Civil Procedure Code

Ratio Decidendi

The application for review was dismissed as it was filed out of time and did not meet the statutory grounds for review under Order XLII Rule 1 of the Civil Procedure Code. The remedies sought could only be pursued by way of appeal, not review, and the court was functus officio.

Court Disposition

Application dismissed

Orders

  • Applicant's Memorandum of review is dismissed
  • No order as to costs