asha matulike vs elidadi elias mathayo 2021 tzhc 6315 29 september 2021
The application was struck out for incompetence as it was filed without the impugned judgment, and withdrawal with leave to refile was denied due to the existence of a preliminary objection.
- Citation
- asha matulike vs elidadi elias mathayo 2021 tzhc 6315 29 september 2021
- Parties
- Applicant: Asha Matulike; Respondent: Elidadi Elias Mathayo
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 29 September 2021
- Procedural Posture
- Misc. Land Application / Ruling on Preliminary Objection
- Outcome
- Application struck out for incompetence
- Legal Topics
- Withdrawal of Application, Preliminary Objection, Leave to Appeal
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Parties
Asha Matulike
Applicant
Elidadi Elias Mathayo
Respondent
Procedural Posture
Misc. Land Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether an application can be heard without the impugned judgment
- 2 Whether withdrawal with leave to refile can be granted when a preliminary objection is raised
Ratio Decidendi
The application was struck out for incompetence as it was filed without the impugned judgment, and withdrawal with leave to refile was denied due to the existence of a preliminary objection.
Court Disposition
Application struck out for incompetence
Orders
- No orders for costs
Full Case Text
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