haji vs mtoto and another 2009 tzhc 2 13 may 2009

haji vs mtoto and another 2009 tzhc 2 13 may 2009

The application for revision was filed after the expiry of the statutory limitation period of 60 days and no application for extension of time was made; therefore, it is time barred and liable to dismissal under Section 3 of the Law of Limitation Act.

Citation
haji vs mtoto and another 2009 tzhc 2 13 may 2009
Parties
Applicant: Tima Haji; 1st Respondent: Amiri Mohamed Mtoto; 2nd Respondent: Mamba Auction Mart
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 May 2009
Procedural Posture
Revision Application / Ruling on Preliminary Objection
Outcome
Application dismissed with costs
Legal Topics
Revision, Limitation Periods, Jurisdiction, Execution of Decrees
Source Language
English
Civil Procedure Limitation Law Revision Limitation Periods Jurisdiction Execution of Decrees

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Parties

Tima Haji

Applicant

Amiri Mohamed Mtoto

1st Respondent

Mamba Auction Mart

2nd Respondent

Procedural Posture

Revision Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the revision application is time barred
  2. 2 Whether the application is misconceived and bad in law

Ratio Decidendi

The application for revision was filed after the expiry of the statutory limitation period of 60 days and no application for extension of time was made; therefore, it is time barred and liable to dismissal under Section 3 of the Law of Limitation Act.

Court Disposition

Application dismissed with costs

Orders

  • Application for revision dismissed as time barred
  • Costs awarded to Respondent