20121127 TZHC Dar es Salaam

20121127 TZHC Dar es Salaam

The suit was struck out with costs due to persistent non-appearance by both parties, without determination of preliminary objections or dismissal, preserving the right to refile.

Citation
20121127 TZHC Dar es Salaam
Parties
Plaintiff: Charles Moses; 1st Defendant: Principal Secretary Ministry of Education Vocation Training; 2nd Defendant: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 November 2012
Procedural Posture
Land Case / Ruling on Withdrawal and Preliminary Objections
Outcome
Suit struck out with costs
Legal Topics
Withdrawal of Suit, Preliminary Objections, Striking Out Suit
Source Language
English
Civil Procedure Land Law Withdrawal of Suit Preliminary Objections Striking Out Suit

Case Brief

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Parties

Charles Moses

Plaintiff

Principal Secretary Ministry of Education Vocation Training

1st Defendant

Attorney General

2nd Defendant

Procedural Posture

Land Case / Ruling on Withdrawal and Preliminary Objections

Legal Issues

  1. 1 Whether the suit should be withdrawn with liberty to file afresh
  2. 2 Whether preliminary objections should be determined before withdrawal
  3. 3 Whether the suit should be struck out for non-appearance

Ratio Decidendi

The suit was struck out with costs due to persistent non-appearance by both parties, without determination of preliminary objections or dismissal, preserving the right to refile.

Court Disposition

Suit struck out with costs

Orders

  • Suit struck out from court records
  • Parties to be notified