fathia bomani vs the commissioner for lands 2 others 2022 tzhclandd 12778 12 december 2022

The court is functus officio after dismissing the suit for want of prosecution with all parties present; the only remedy is appeal, not setting aside the order.

Citation: fathia bomani vs the commissioner for lands 2 others 2022 tzhclandd 12778 12 december 2022
Parties: Applicant: Fathia Bomani; 1st Respondent: The Commissioner for Lands; 2nd Respondent: Mohamed Isnail Murudker; 3rd Respondent: The Attorney General
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 12 December 2022
Procedural Posture: Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome: Application dismissed with costs
Legal Topics: Functus Officio, Dismissal for Want of Prosecution, Res Judicata, Setting Aside Orders
Source Language: English

Civil Procedure Land Law Functus Officio Dismissal for Want of Prosecution Res Judicata Setting Aside Orders

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2

Parties

Fathia Bomani

Applicant

The Commissioner for Lands

1st Respondent

Mohamed Isnail Murudker

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

1 Whether the court is functus officio after dismissing a suit for want of prosecution
2 Whether the application to set aside the dismissal order is tenable

Ratio Decidendi

The court is functus officio after dismissing the suit for want of prosecution with all parties present; the only remedy is appeal, not setting aside the order.

Court Disposition

Application dismissed with costs

Orders

Application dismissed for being untenable as the court is functus officio
Costs awarded to respondents