fida jumanne vs haji salim hemed others 2009 tzhc 253 27 october 2009

fida jumanne vs haji salim hemed others 2009 tzhc 253 27 october 2009

The application was dismissed because neither party complied with the court's order to file written submissions, which the court interpreted as abandonment of their right to prosecute the application.

Citation
fida jumanne vs haji salim hemed others 2009 tzhc 253 27 october 2009
Parties
Applicant: Fida Jumanne; 1st Respondent/d.holder: Haji Salim Hemed; 2nd Respondent/d.holder: Vidanzi Jumanne; 3rd Respondent/d.holder: Jumanne; 4th Respondent/d.holder: Mashavu Jumanne; 5th Respondent/d.holder: Aziza Jumanne
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 October 2009
Procedural Posture
Land Case / Ruling on Application for Leave to Appeal
Outcome
Application dismissed with costs
Legal Topics
Leave to Appeal, Probate Jurisdiction, Non Compliance With Court Orders
Source Language
English
Civil Procedure Land Law Leave to Appeal Probate Jurisdiction Non Compliance With Court Orders

Case Brief

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Parties

Fida Jumanne

Applicant

Haji Salim Hemed

1st Respondent/d.holder

Vidanzi Jumanne

2nd Respondent/d.holder

Jumanne

3rd Respondent/d.holder

Mashavu Jumanne

4th Respondent/d.holder

Aziza Jumanne

5th Respondent/d.holder

Procedural Posture

Land Case / Ruling on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to leave to appeal to the Court of Appeal
  2. 2 Effect of parties' failure to file written submissions as ordered

Ratio Decidendi

The application was dismissed because neither party complied with the court's order to file written submissions, which the court interpreted as abandonment of their right to prosecute the application.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed entirely with costs