20171124 TZHC Moshi

20171124 TZHC Moshi

The application was filed out of time without any explanation or leave of the court, thus it cannot be entertained and must be struck out.

Citation
20171124 TZHC Moshi
Parties
Applicant: Simon Herini; Respondent: Tito Raphael
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 November 2017
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out as time-barred
Legal Topics
Limitation of Actions, Stay of Execution, Computation of Time
Source Language
English
Civil Procedure Limitation of Actions Stay of Execution Computation of Time

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Simon Herini

Applicant

Tito Raphael

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for stay of execution was filed within the prescribed limitation period

Ratio Decidendi

The application was filed out of time without any explanation or leave of the court, thus it cannot be entertained and must be struck out.

Court Disposition

Application struck out as time-barred

Orders

  • Preliminary objection sustained
  • Application struck out