charles moses vs principal secretary ministry of education vocation training another 2012 tzhc 196 27 november 2012

The suit was struck out with costs due to persistent non-appearance of both parties and failure to prosecute, without determination of preliminary objections or dismissal on merits.

Citation: charles moses vs principal secretary ministry of education vocation training another 2012 tzhc 196 27 november 2012
Parties: Plaintiff: Charles Moses; 1st Defendant: Principal Secretary Ministry of Education Vocation Training; 2nd Defendant: Attorney General
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 27 November 2012
Procedural Posture: Land Case / Ruling on Withdrawal and Preliminary Objections
Outcome: Suit struck out with costs
Legal Topics: Withdrawal of Suit, Preliminary Objections, Striking Out Suit, Non Appearance of Parties
Source Language: English

Civil Procedure Land Law Withdrawal of Suit Preliminary Objections Striking Out Suit Non Appearance of Parties

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Parties

Charles Moses

Plaintiff

Principal Secretary Ministry of Education Vocation Training

1st Defendant

Attorney General

2nd Defendant

Procedural Posture

Land Case / Ruling on Withdrawal and Preliminary Objections

Legal Issues

1 Whether the suit should be withdrawn with liberty to file afresh
2 Whether preliminary objections should be determined before withdrawal
3 Effect of parties' non-appearance

Ratio Decidendi

The suit was struck out with costs due to persistent non-appearance of both parties and failure to prosecute, without determination of preliminary objections or dismissal on merits.

Court Disposition

Suit struck out with costs

Orders

Suit struck out from court records
Parties to be notified