felician credo simwela vs abdillah ahamed yusuf and 1 others 2021 tzhclandd 181 10 may 2021

felician credo simwela vs abdillah ahamed yusuf and 1 others 2021 tzhclandd 181 10 may 2021

Plaintiff is permitted to withdraw the suit against the 1st, 2nd, 7th, 8th, 12th, and 14th defendants without leave to refile, and against the 3rd, 4th, 5th, 6th, 9th, 10th, 11th, and 13th defendants with leave to refile, subject to limitation. Plaintiff is allowed to join the liquidator of the 2nd defendant in a future suit. Plaintiff is ordered to pay costs to the 1st, 4th, 5th, 6th, 9th, 10th, 11th, and 13th defendants. Previous order for waiver of court fees remains in force.

Citation
felician credo simwela vs abdillah ahamed yusuf and 1 others 2021 tzhclandd 181 10 may 2021
Parties
Plaintiff: FELICIAN CREDO SIMWELA; 1st Defendant: ABDILLAH AHAMED YUSUF; 2nd Defendant: EMPIEN COMPANY LIMITED; 3rd Defendant: SALUM SUMRY; 4th Defendant: BENARD KATATA; 5th Defendant: PAKRINE NGWEGWE; 6th Defendant: SABAS MWISUA; 7th Defendant: FREDRICK KAFULAMA; 8th Defendant: JOHN MWENDASILA SINYORI; 9th Defendant: GERALD ULAYA KABONGE; 10th Defendant: STANSLAUS NKWENDE; 11th Defendant: LAHILAGILA KANIKI; 12th Defendant: LUNEULA LUSHU; 13th Defendant: SENI MASHANGA; 14th Defendant: REVOCATUS LUNGWA
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
10 May 2021
Procedural Posture
Land Case / Ruling on Withdrawal of Suit
Outcome
Suit withdrawn against specified defendants with and without leave to refile as ordered; costs awarded to certain defendants; waiver of court fees order remains.
Legal Topics
Withdrawal of Suit, Costs, Joinder of Parties, Liquidation, Leave to Refile
Source Language
English
Civil Procedure Land Law Withdrawal of Suit Costs Joinder of Parties Liquidation Leave to Refile

Case Brief

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Parties

FELICIAN CREDO SIMWELA

Plaintiff

ABDILLAH AHAMED YUSUF

1st Defendant

EMPIEN COMPANY LIMITED

2nd Defendant

SALUM SUMRY

3rd Defendant

BENARD KATATA

4th Defendant

PAKRINE NGWEGWE

5th Defendant

SABAS MWISUA

6th Defendant

FREDRICK KAFULAMA

7th Defendant

JOHN MWENDASILA SINYORI

8th Defendant

GERALD ULAYA KABONGE

9th Defendant

STANSLAUS NKWENDE

10th Defendant

LAHILAGILA KANIKI

11th Defendant

LUNEULA LUSHU

12th Defendant

SENI MASHANGA

13th Defendant

REVOCATUS LUNGWA

14th Defendant

Procedural Posture

Land Case / Ruling on Withdrawal of Suit

Legal Issues

  1. 1 Whether the plaintiff should be allowed to withdraw the suit against certain defendants with or without leave to refile
  2. 2 Whether costs should be awarded to the defendants upon withdrawal
  3. 3 Whether the liquidator of the 2nd defendant company may be joined in a future suit

Ratio Decidendi

Plaintiff is permitted to withdraw the suit against the 1st, 2nd, 7th, 8th, 12th, and 14th defendants without leave to refile, and against the 3rd, 4th, 5th, 6th, 9th, 10th, 11th, and 13th defendants with leave to refile, subject to limitation. Plaintiff is allowed to join the liquidator of the 2nd defendant in a future suit. Plaintiff is ordered to pay costs to the 1st, 4th, 5th, 6th, 9th, 10th, 11th, and 13th defendants. Previous order for waiver of court fees remains in force.

Court Disposition

Suit withdrawn against specified defendants with and without leave to refile as ordered; costs awarded to certain defendants; waiver of court fees order remains.

Orders

  • Suit withdrawn against 1st, 2nd, 7th, 8th, 12th, and 14th defendants without leave to refile.
  • Suit withdrawn against 3rd, 4th, 5th, 6th, 9th, 10th, 11th, and 13th defendants with leave to refile, subject to limitation.