athumani msham lingasule vs kidawa abushiri 2 others 2022 tzhclandd 12250 27 june 2022

athumani msham lingasule vs kidawa abushiri 2 others 2022 tzhclandd 12250 27 june 2022

The suit was struck out because the defects in the power of attorney were raised by the defendants through a preliminary objection before the plaintiff's request to withdraw, and the law does not permit withdrawal with liberty to refile in such circumstances.

Citation
athumani msham lingasule vs kidawa abushiri 2 others 2022 tzhclandd 12250 27 june 2022
Parties
Plaintiff: Athumani Mshamu Lingasule; 1st Defendant: Kidawa Abushiri; 2nd Defendant: Helios Tower Tanzania Ltd (HTT); 3rd Defendant: (MIC) Co. Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 June 2022
Procedural Posture
Land Case / Ruling on Preliminary Objection Regarding Power of Attorney
Outcome
Suit struck out
Legal Topics
Power of Attorney, Withdrawal of Suit, Preliminary Objection
Source Language
English
Civil Procedure Land Law Power of Attorney Withdrawal of Suit Preliminary Objection

Case Brief

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Parties

Athumani Mshamu Lingasule

Plaintiff

Kidawa Abushiri

1st Defendant

Helios Tower Tanzania Ltd (HTT)

2nd Defendant

(MIC) Co. Ltd

3rd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection Regarding Power of Attorney

Legal Issues

  1. 1 Whether the suit should be struck out or withdrawn with liberty to refile due to defects in the power of attorney

Ratio Decidendi

The suit was struck out because the defects in the power of attorney were raised by the defendants through a preliminary objection before the plaintiff's request to withdraw, and the law does not permit withdrawal with liberty to refile in such circumstances.

Court Disposition

Suit struck out

Orders

  • Suit struck out due to defects in power of attorney
  • No order as to costs as defects attributable to counsel, not plaintiff