Tanzania Case Law

linyungang zhongfu lianzhong composites group co ltd another vs mtibwa sugar estates ltd 2024 tzhccomd 31 15 march 2024

Court

TZHCCOMD

The application for registration and enforcement of the foreign arbitral award was filed after the expiry of the six-month limitation period prescribed by law. Withdrawal of the earlier application with liberty to refile did not stop the limitation period from running, as per Order XXIII Rule 2 of the Civil Procedure Code. Section 21(2) of the Law of Limitation Act does not apply because the withdrawal was not due to a defect of jurisdiction or similar cause. Therefore, the application is time-barred and must be dismissed.

Source excerpt

• Enforcement of foreign arbitral awards
• Limitation period for registration of arbitral awards
• Withdrawal and refiling of applications
• Interpretation of limitation statutes

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APPLICATION NO 7915 OF 2024 CRDB BANK PLC VRS SYLIVESTER SAMSON MBOJE

Court

TANZLII

The application was filed under an incorrect case subtype in the eCMS system, and the system does not allow post-filing correction. For proper record-keeping and case management, the only remedy is to allow withdrawal with leave to refile under the correct case subtype. This procedural correction does not circumvent substantive preliminary objections, which may be raised afresh upon refiling.

Source excerpt

• Extension of time
• Jurisdiction
• Case management
• Withdrawal and refiling of applications

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st joseph university in tanzania vs jaqueline stanley another 2022 tzhcld 1013 21 march 2022

Court

TANZLII

The High Court struck out an application to extend time to file a labour revision, finding the supporting affidavit contradictory and incurably defective.

• Extension of time
• Affidavit defects
• Withdrawal and refiling of applications
• Extension-of-time
• Affidavit-defects
• Labour-procedure

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maynard lugenja vs municipal director of kinondoni municipal council another 2022 tzhclandd 51 25 february 2022

Court

TANZLII

The application was struck out because the previous withdrawal order did not grant leave to refile, and thus the present application was incompetent under Order XXIII Rule 1(3) of the Civil Procedure Code.

Source excerpt

• Extension of time
• Withdrawal and refiling of applications
• Preliminary objection

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ezekiah tom oluoch vs chama cha walimu tanzania 2021 tzhc 10709 6 december 2021

Court

TZHC

The High Court dismissed a labour revision as time barred after finding no express leave to refile the withdrawn earlier application.

• Time limitation
• Withdrawal and refiling of applications
• Preliminary objections
• Time-limitation
• Preliminary-objections
• Withdrawal-and-refiling

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ruth mmary vs mrisho ramadhani 2020 tzhclandd 2293 7 september 2020

Court

TANZLII

The applicant demonstrated sufficient grounds for the 13-day delay following withdrawal of the previous application, as the delay was not inordinate and was justified by the need to cure defects in the original filing. Extension of time is therefore granted.

Source excerpt

• Extension of time
• Reference proceedings
• Withdrawal and refiling of applications

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