ally nassoro semboga and another vs amina mohamed 2020 tzhclandd 91 6 april 2020

ally nassoro semboga and another vs amina mohamed 2020 tzhclandd 91 6 april 2020

The respondent's written submissions were filed out of time without leave of the court, which is equivalent to failure to prosecute. As a result, the preliminary objection is dismissed for want of prosecution.

Citation
ally nassoro semboga and another vs amina mohamed 2020 tzhclandd 91 6 april 2020
Parties
1st Applicant: Ally Nassoro Semboga (As administrator of the late Asha Mbegu); 2nd Applicant: Yusuph Mbegu Yusuph; Respondent: Amina Mohamed
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
6 April 2020
Procedural Posture
Land Application / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed for want of prosecution.
Legal Topics
Preliminary Objection, Written Submissions, Procedural Compliance, Overriding Objective
Source Language
English
Civil Procedure Land Law Preliminary Objection Written Submissions Procedural Compliance Overriding Objective

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Parties

Ally Nassoro Semboga (As administrator of the late Asha Mbegu)

1st Applicant

Yusuph Mbegu Yusuph

2nd Applicant

Amina Mohamed

Respondent

Procedural Posture

Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the chamber application is incurably defective for lack of name and address of the drawer
  2. 2 Whether the respondent's written submissions filed out of time should be disregarded

Ratio Decidendi

The respondent's written submissions were filed out of time without leave of the court, which is equivalent to failure to prosecute. As a result, the preliminary objection is dismissed for want of prosecution.

Court Disposition

Preliminary objection dismissed for want of prosecution.

Orders

  • Preliminary objection dismissed for want of prosecution.
  • Costs shall be in the cause.