20091027 TZHC Dar es Salaam

20091027 TZHC Dar es Salaam

The application was dismissed because neither party complied with the court's order to file written submissions, which the court interpreted as abandonment of their right to prosecute the application.

Citation
20091027 TZHC Dar es Salaam
Parties
Applicant: Fida Jumanne; 1st Respondent JD Holder: Haji Salim Hemed; 2nd Respondent JD Holder: Vidanzi Jumanne; 3rd Respondent JD Holder: Jumanne; 4th Respondent JD Holder: Mashavu Jumanne; 5th Respondent JD Holder: Aziza Jumanne
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 October 2009
Procedural Posture
Land Case / Ruling on Application for Leave to Appeal
Outcome
Application dismissed with costs
Legal Topics
Leave to Appeal, Probate Jurisdiction, Non Compliance With Court Orders
Source Language
English
Civil Procedure Land Law Leave to Appeal Probate Jurisdiction Non Compliance With Court Orders

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Parties

Fida Jumanne

Applicant

Haji Salim Hemed

1st Respondent JD Holder

Vidanzi Jumanne

2nd Respondent JD Holder

Jumanne

3rd Respondent JD Holder

Mashavu Jumanne

4th Respondent JD Holder

Aziza Jumanne

5th Respondent JD Holder

Procedural Posture

Land Case / Ruling on Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted after non-compliance with court's order for written submissions
  2. 2 Effect of parties' failure to file submissions as ordered

Ratio Decidendi

The application was dismissed because neither party complied with the court's order to file written submissions, which the court interpreted as abandonment of their right to prosecute the application.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed entirely with costs