zaina leboi kikando 150 others vs miraji mbena 45 others 2021 tzhclandd 489 24 september 2021

zaina leboi kikando 150 others vs miraji mbena 45 others 2021 tzhclandd 489 24 september 2021

Plaintiffs failed to demonstrate a formal defect or sufficient grounds as required by Order XXIII Rule 1 (2) (a) & (b) of the Civil Procedure Code. The opportunity to join parties was previously granted and not utilized. The application to withdraw with leave to re-file was an afterthought and not justified.

Citation
zaina leboi kikando 150 others vs miraji mbena 45 others 2021 tzhclandd 489 24 september 2021
Parties
Plaintiffs: Zaina Leboi Kikando & 150 Others; Defendants: Miraji Mbena & 45 Others
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
24 September 2021
Procedural Posture
Land Case / Ruling on Application to Withdraw Suit With Leave to Re File
Outcome
Application to withdraw suit with leave to re-file denied; suit marked withdrawn with costs.
Legal Topics
Withdrawal of Suit, Amendment of Pleadings, Joinder of Parties, Finality of Litigation
Source Language
English
Civil Procedure Land Law Withdrawal of Suit Amendment of Pleadings Joinder of Parties Finality of Litigation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Zaina Leboi Kikando & 150 Others

Plaintiffs

Miraji Mbena & 45 Others

Defendants

Procedural Posture

Land Case / Ruling on Application to Withdraw Suit With Leave to Re File

Legal Issues

  1. 1 Whether the plaintiffs have satisfied the conditions for withdrawal of suit with leave to institute a fresh suit under Order XXIII Rule 1 (2) (a) & (b) of the Civil Procedure Code

Ratio Decidendi

Plaintiffs failed to demonstrate a formal defect or sufficient grounds as required by Order XXIII Rule 1 (2) (a) & (b) of the Civil Procedure Code. The opportunity to join parties was previously granted and not utilized. The application to withdraw with leave to re-file was an afterthought and not justified.

Court Disposition

Application to withdraw suit with leave to re-file denied; suit marked withdrawn with costs.

Orders

  • Suit marked withdrawn under Order XXIII Rule 1 (1) and (3) of the Civil Procedure Code, Cap 33 R.E 2002 with costs.