samwel sanare vs omary abdallah 2006 tzhc 348 4 september 2006

The application was struck out because it was filed outside the prescribed limitation period and was not accompanied by a valid affidavit, both being fatal and incurable defects.

Citation: samwel sanare vs omary abdallah 2006 tzhc 348 4 september 2006
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: Limitation of Actions, Affidavit Defects, Preliminary Objection, Revision Proceedings
Source Language: English

Civil Procedure Limitation of Actions Affidavit Defects Preliminary Objection Revision Proceedings

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Parties

Samwel Sanare

Applicant

Omary Abdallah

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections

Legal Issues

1 Whether the application for revision is time-barred under the Law of Limitation Act
2 Whether the supporting affidavit is incurably defective for failing to state the place sworn

Ratio Decidendi

The application was struck out because it was filed outside the prescribed limitation period and was not accompanied by a valid affidavit, both being fatal and incurable defects.

Court Disposition

Application struck out with costs

Orders

Application struck out for being time-barred and for lack of a valid affidavit
Costs awarded to the respondent