swala solutions vs ally nasib 2023 tzhc 22064 26 october 2023

swala solutions vs ally nasib 2023 tzhc 22064 26 october 2023

Time spent prosecuting previous proceedings for the same relief is automatically excluded under section 21(2) of the Law of Limitation Act, and the application is within time; the objection is overruled.

Citation
swala solutions vs ally nasib 2023 tzhc 22064 26 october 2023
Parties
Applicant: Swala Solution; Respondent: Ally Salum Nasibu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 October 2023
Procedural Posture
Misc. Labour Application / Ruling on Preliminary Objection Regarding Time Limitation
Outcome
Objection overruled; application allowed to proceed.
Legal Topics
Stay of Execution, Limitation of Actions, Extension of Time
Source Language
English
Labour Law Civil Procedure Stay of Execution Limitation of Actions Extension 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 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Swala Solution

Applicant

Ally Salum Nasibu

Respondent

Procedural Posture

Misc. Labour Application / Ruling on Preliminary Objection Regarding Time Limitation

Legal Issues

  1. 1 Whether the application for stay of execution was filed within the prescribed limitation period
  2. 2 Whether leave granted in the main revision extends to the miscellaneous application

Ratio Decidendi

Time spent prosecuting previous proceedings for the same relief is automatically excluded under section 21(2) of the Law of Limitation Act, and the application is within time; the objection is overruled.

Court Disposition

Objection overruled; application allowed to proceed.

Orders

  • Objection dismissed without costs.