delius evalist andrea vs emmanuel james swazi 3 others 2023 tzhc 20710 1 september 2023

delius evalist andrea vs emmanuel james swazi 3 others 2023 tzhc 20710 1 september 2023

The suit is barred because the plaintiff withdrew the previous application without seeking or obtaining leave to refile, as required by law, and is therefore precluded from instituting a fresh suit on the same cause of action.

Citation
delius evalist andrea vs emmanuel james swazi 3 others 2023 tzhc 20710 1 september 2023
Parties
Plaintiff: Delius Evalista Andrea; 1st Defendant: Emmanuel James Swazi; 2nd Defendant: Kigoma/Ujiji Municipal; 3rd Defendant: Commissioner for Lands; 4th Defendant: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 September 2023
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Suit dismissed with costs to the 1st defendant.
Legal Topics
Withdrawal of Suits, Leave to Refile, Bar to Fresh Suits, Land Disputes
Source Language
English
Civil Procedure Land Law Withdrawal of Suits Leave to Refile Bar to Fresh Suits Land Disputes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Delius Evalista Andrea

Plaintiff

Emmanuel James Swazi

1st Defendant

Kigoma/Ujiji Municipal

2nd Defendant

Commissioner for Lands

3rd Defendant

The Attorney General

4th Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit is barred by law due to prior withdrawal without leave to refile

Ratio Decidendi

The suit is barred because the plaintiff withdrew the previous application without seeking or obtaining leave to refile, as required by law, and is therefore precluded from instituting a fresh suit on the same cause of action.

Court Disposition

Suit dismissed with costs to the 1st defendant.

Orders

  • The suit is dismissed as barred by law.
  • Costs awarded to the 1st defendant.