20191216 TZHC Dar es Salaam

Application is time barred as it was filed more than 60 days after delivery of the impugned decision and leave to file out of time was neither sought nor obtained.

Citation: 20191216 TZHC Dar es Salaam
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: Revision, Limitation of Actions, Wrong Citation of Law, Extension of Time
Source Language: English

Civil Procedure Revision Limitation of Actions Wrong Citation of Law Extension of Time

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2 Amounts and remedies 1

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 wrong citation of enabling provision renders the application incurably defective
2 Whether the application is time barred

Ratio Decidendi

Application is time barred as it was filed more than 60 days after delivery of the impugned decision and leave to file out of time was neither sought nor obtained.

Court Disposition

application struck out with costs

Orders

application struck out
costs awarded to respondents