fatuma shefa ayoub vs athuman mohamed tuwano another 2023 tzhclandd 66 24 february 2023

Withdrawal of the application is not permitted after a preliminary objection has been raised and conceded; the proper remedy is to strike out the incompetent application.

Citation: fatuma shefa ayoub vs athuman mohamed tuwano another 2023 tzhclandd 66 24 february 2023
Parties: Applicant: Fatuma Shefa Ayoub; 1st Respondent: Athuman Mohamed Tuwano; 2nd Respondent: Equity Bank Limited
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 24 February 2023
Procedural Posture: Miscellaneous Land Case Application / Ruling on Preliminary Objection
Outcome: application struck out
Legal Topics: Extension of Time, Preliminary Objection, Affidavit Defect, Withdrawal of Application
Source Language: English

Land Law Civil Procedure Extension of Time Preliminary Objection Affidavit Defect Withdrawal of Application

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Parties

Fatuma Shefa Ayoub

Applicant

Athuman Mohamed Tuwano

1st Respondent

Equity Bank Limited

2nd Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Preliminary Objection

Legal Issues

1 Whether the applicant can withdraw the application after a preliminary objection has been raised
2 Whether the affidavit supporting the application is fatally defective due to attestation by an advocate without a valid practicing certificate

Ratio Decidendi

Withdrawal of the application is not permitted after a preliminary objection has been raised and conceded; the proper remedy is to strike out the incompetent application.

Court Disposition

application struck out

Orders

application struck out
prayer for withdrawal not granted