dalini salum bwanaheri lipokoto vs asumini salum bwanaheri 2023 tzhc 23110 2 november 2023
The matter is withdrawn as parties have amicably settled and are at liberty to withdraw civil cases at any time.
Source-derived case information.
- Citation
- dalini salum bwanaheri lipokoto vs asumini salum bwanaheri 2023 tzhc 23110 2 november 2023
- Parties
- Appellant: Dalini Salum Bwanaheri Lipokoto; Respondent: Asumini Salum Bwanaheri
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 2 November 2023
- Procedural Posture
- Civil Appeal / Withdrawal Ruling
- Outcome
- withdrawn
- Legal Topics
- Withdrawal of Suit, Amicable Settlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dalini Salum Bwanaheri Lipokoto
Appellant
Asumini Salum Bwanaheri
Respondent
Procedural Posture
Civil Appeal / Withdrawal Ruling
Legal Issues
- 1 Whether the parties can withdraw the civil appeal by mutual agreement
Ratio Decidendi
The matter is withdrawn as parties have amicably settled and are at liberty to withdraw civil cases at any time.
Court Disposition
withdrawn
Orders
- Matter marked withdrawn for having been amicably settled.
- No order as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
THE UNITED REPUBLIC OF TANZANIA JUDICIARY IN THE HIGH COURT OF TANZANIA (MTWARA DISTRICT REGISTRY) AT MTWARA PC. CIVIL APPEAL NO.14 OF 2023 (Arising from Nanyumbu District Court in Probate Misc. Application No. 2 of 2023 and originating from Nanyumbu Primary Court in Probate Cause No.l0of2022) DALINI SALUM BWANAHERI LIPOKOTO...................... APPELLANT VERSUS ASUMINI SALUM BWANAHERI. ................................RESPONDENT RULING 2/11/2023 LA LTAl KA, J.: When this matter came for hearing today, the appellant did not enter appearance, only the respondent was present. Before going further, the respondent submitted that they have agreed to remove the case in court. She submitted further they shall divide the properties on their own. The respondent submitted that she has the copy of the agreement which was prepared and witnessed by Mr. Charles Page 1 of 2 Peter Bogazi, learned advocate from LUBO ATTORNEY'S & LEGAL CONSULTANT stationed at Masasi-Mtwara. The said agreement was received for court record. She insisted that they will follow everything as written in the agreement. On top of that, the respondent submitted that in case they will not follow the agreement, they will definitely approach the government authorities for help. To this end, she prayed to withdraw the matter from the registry of this court in order to implement their agreement. Having heard the respondent, it is a principle of law well elaborated in Mulla's treatise that no one can be forced to accept a relief that they do not wish. In addition, the case at hand is a civil case in which our country allows parties to withdraw a matter at any time. As a result, parties are at liberty to withdraw this matter. Based on the document titled "MKATABA WA KUONDOKA/KUFUTA KESI MAHAKAMANI" dated 1/10/2023 and attested by Advocate Charles Peter of LUBO ATTORNEY'S & LEGAL CONSULTANT the matted is hereby marked withdrawn for having amicably settled. The prayer has been granted with no order as to costs. It is so ordered. 2.11.2023 Page 2 of 2