20060904 TZHC Arusha

20060904 TZHC Arusha

The application was filed more than 6 months after the ruling, exceeding the 60-day limitation period, and the supporting affidavit failed to state the place sworn, rendering it incurably defective. Both grounds are sustained and the application is struck out with costs.

Citation
20060904 TZHC Arusha
Parties
Applicant: Samwel Sanare; Respondent: Omary Abdallah
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 September 2006
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objections
Outcome
Application struck out with costs.
Legal Topics
Revision, Limitation of Actions, Affidavit Defects
Source Language
English
Civil Procedure Revision Limitation of Actions Affidavit Defects

Case Brief

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Parties

Samwel Sanare

Applicant

Omary Abdallah

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application for revision is time-barred
  2. 2 Whether the supporting affidavit is incurably defective for failing to state the place sworn

Ratio Decidendi

The application was filed more than 6 months after the ruling, exceeding the 60-day limitation period, and the supporting affidavit failed to state the place sworn, rendering it incurably defective. Both grounds are sustained and the application is struck out with costs.

Court Disposition

Application struck out with costs.

Orders

  • Application struck out for being time-barred and for defective affidavit.
  • Costs awarded to respondent.