final YUSUF ELITETERA LEMA Tanzlii

final YUSUF ELITETERA LEMA Tanzlii

The High Court has jurisdiction to entertain the application for extension of time as per section 14(1) of the Law of Limitation Act. The preliminary objection is not a pure point of law and requires factual determination, thus it is devoid of merit and is overruled.

Source-derived case information.

Citation
final YUSUF ELITETERA LEMA Tanzlii
Parties
Applicant: Yusuf Elitetera Lema; Applicant: Emmanuel Lema; Respondent: Maria Elitetera Nkya; Respondent: Boniface Kinga; Respondent: Wilfred Elitetera; Respondent: Coherent Company Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
5 November 2020
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled with costs.
Legal Topics
Extension of Time, Jurisdiction, Preliminary Objection, Revision Proceedings
Source Language
english
Civil Procedure Land Law Extension of Time Jurisdiction Preliminary Objection Revision Proceedings

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Parties

Yusuf Elitetera Lema

Applicant

Emmanuel Lema

Applicant

Maria Elitetera Nkya

Respondent

Boniface Kinga

Respondent

Wilfred Elitetera

Respondent

Coherent Company Limited

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain the application for extension of time to revise the decision in Application No. 160 of 2014
  2. 2 Whether the preliminary objection raised by the respondents is meritorious

Ratio Decidendi

The High Court has jurisdiction to entertain the application for extension of time as per section 14(1) of the Law of Limitation Act. The preliminary objection is not a pure point of law and requires factual determination, thus it is devoid of merit and is overruled.

Court Disposition

Preliminary objection overruled with costs.

Orders

  • The court has jurisdiction to entertain the application for extension of time.
  • Preliminary objection is dismissed with costs.