19900928 TZHC Dar es Salaam
The affidavit of Mr. Mbuya established that the applicant was present and consented to the withdrawal; the applicant's affidavit claiming otherwise was found to be false. There was no valid reason to doubt Mr. Mbuya's affidavit, and no grounds for exercising inherent powers to grant remedy.
- Citation
- 19900928 TZHC Dar es Salaam
- Parties
- Applicant: Applicant; Respondent: Respondent
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 September 1990
- Procedural Posture
- Application / Final Determination
- Outcome
- application dismissed with costs
- Legal Topics
- Withdrawal of Appeal, Inherent Powers, Costs
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Applicant
Applicant
Respondent
Respondent
Procedural Posture
Application / Final Determination
Legal Issues
- 1 Whether the applicant consented to the withdrawal of the appeal
- 2 Whether the court should exercise its inherent powers to grant remedy to the applicant
Ratio Decidendi
The affidavit of Mr. Mbuya established that the applicant was present and consented to the withdrawal; the applicant's affidavit claiming otherwise was found to be false. There was no valid reason to doubt Mr. Mbuya's affidavit, and no grounds for exercising inherent powers to grant remedy.
Court Disposition
application dismissed with costs
Orders
- Application dismissed
- Applicant to pay costs
Full Case Text
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