shamsa juma vs orest inyasi mares 2019 tzhc 244 16 december 2019
The application is time barred as it was filed approximately 4 years and 8 months after the impugned decision, without leave to file out of time; wrong citation of enabling provision does not render the application incurably defective, but failure to comply with limitation period is fatal.
- Citation
- shamsa juma vs orest inyasi mares 2019 tzhc 244 16 december 2019
- Parties
- Applicant: Shamsa Juma; 1st Respondent: Orest Inyasi Maresi; 2nd Respondent: Salid Juma
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 December 2019
- Procedural Posture
- Civil Revision / Ruling on Preliminary Objections
- Outcome
- application struck out with costs
- Legal Topics
- Limitation of Actions, Wrong Citation of Law, Revision Proceedings, Preliminary Objections
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Shamsa Juma
Applicant
Orest Inyasi Maresi
1st Respondent
Salid Juma
2nd Respondent
Procedural Posture
Civil Revision / Ruling on Preliminary Objections
Legal Issues
- 1 Whether the application is incurably defective for wrong citation of provisions of the law
- 2 Whether the application is incompetent for being time barred
Ratio Decidendi
The application is time barred as it was filed approximately 4 years and 8 months after the impugned decision, without leave to file out of time; wrong citation of enabling provision does not render the application incurably defective, but failure to comply with limitation period is fatal.
Court Disposition
application struck out with costs
Orders
- application struck out
- costs awarded to respondents
Full Case Text
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