shaizad azad bhanji vs ezra timothy kanga another 2022 tzhcld 599 22 april 2022

Withdrawal of the previous application without leave to refile bars the applicant from bringing a fresh application of the same nature; the application is not maintainable and is dismissed.

Citation: shaizad azad bhanji vs ezra timothy kanga another 2022 tzhcld 599 22 april 2022
Parties: Applicant: Shaizad Azad Bhanji; 1st Respondent: Ezra Timothy Kanga; 2nd Respondent: Group 7 Pty Ltd
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 22 April 2022
Procedural Posture: Miscellaneous Application / Ruling on Preliminary Objection
Outcome: Application dismissed
Legal Topics: Extension of Time, Withdrawal of Application, Leave to Refile, Res Judicata
Source Language: English

Labour Law Civil Procedure Extension of Time Withdrawal of Application Leave to Refile Res Judicata

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Parties

Shaizad Azad Bhanji

Applicant

Ezra Timothy Kanga

1st Respondent

Group 7 Pty Ltd

2nd Respondent

Procedural Posture

Miscellaneous Application / Ruling on Preliminary Objection

Legal Issues

1 Whether the applicant is precluded from bringing a fresh application after withdrawal without leave to refile
2 Whether the application for extension of time is maintainable

Ratio Decidendi

Withdrawal of the previous application without leave to refile bars the applicant from bringing a fresh application of the same nature; the application is not maintainable and is dismissed.

Court Disposition

Application dismissed

Orders

Application dismissed