taico ltd vs tanzania revenue authority 2006 tzhc 21 24 may 2006
The application is time barred because the statutory period for filing runs from the date of the original decision being challenged, not from the date of the Tax Revenue Appeals Board's decision or advice.
- Citation
- taico ltd vs tanzania revenue authority 2006 tzhc 21 24 may 2006
- Parties
- Applicant: TOICO LTD; Respondent: Tanzania Revenue Authority
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 24 May 2006
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Preliminary Objection
- Outcome
- Application dismissed as time barred
- Legal Topics
- Prerogative Orders, Time Limitation, Judicial Review, Customs Seizure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
TOICO LTD
Applicant
Tanzania Revenue Authority
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application for leave to apply for prerogative orders is time barred under section 18(2) of the Law Reform (Fatal Accidents and Miscellaneous Provisions) Ordinance Cap. 360
Ratio Decidendi
The application is time barred because the statutory period for filing runs from the date of the original decision being challenged, not from the date of the Tax Revenue Appeals Board's decision or advice.
Court Disposition
Application dismissed as time barred
Orders
- Preliminary objection upheld
- Application dismissed with costs
Full Case Text
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