deusdedith pascal chugga others vs morfam 2020 tzhclandd 2228 4 september 2020

deusdedith pascal chugga others vs morfam 2020 tzhclandd 2228 4 september 2020

The application was properly brought under section 43(1)(b) of the Land Disputes Courts Act as the ruling in the bill of costs is yet to be delivered, and the application was filed within the 60-day limitation period. The preliminary objections on wrong citation and limitation are without merit.

Citation
deusdedith pascal chugga others vs morfam 2020 tzhclandd 2228 4 september 2020
Parties
Applicant: Deusdedith Pascal Chugga; Applicant: Paul Manyilika; Applicant: Hemed Rashid Ally; Applicant: Mfaume Athumani; Respondent: Morfam
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
4 September 2020
Procedural Posture
Land Revision / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed
Legal Topics
Revision Jurisdiction, Limitation Period, Proper Citation of Law, Bill of Costs
Source Language
English
Civil Procedure Land Law Revision Jurisdiction Limitation Period Proper Citation of Law Bill of Costs

Case Brief

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Parties

Deusdedith Pascal Chugga

Applicant

Paul Manyilika

Applicant

Hemed Rashid Ally

Applicant

Mfaume Athumani

Applicant

Morfam

Respondent

Procedural Posture

Land Revision / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is incurably defective for wrong citation of the law
  2. 2 Whether the application is time barred

Ratio Decidendi

The application was properly brought under section 43(1)(b) of the Land Disputes Courts Act as the ruling in the bill of costs is yet to be delivered, and the application was filed within the 60-day limitation period. The preliminary objections on wrong citation and limitation are without merit.

Court Disposition

Preliminary objections dismissed

Orders

  • Preliminary objections dismissed
  • Costs shall be in the cause