fredrick anthony mboma versus serikali ya mtaa kibangu 2 others 2023 tzhc 23655 15 december 2023

fredrick anthony mboma versus serikali ya mtaa kibangu 2 others 2023 tzhc 23655 15 december 2023

The order striking out the application in Misc. Civil Application No. 18 of 2023 was final and conclusive as it disposed of the matter and deregistered it from the court register, with nothing pending for determination. Therefore, the preliminary objection lacks merit.

Citation
fredrick anthony mboma versus serikali ya mtaa kibangu 2 others 2023 tzhc 23655 15 december 2023
Parties
Applicant: Fredrick Anthony Mboma; 1st Respondent: Serikali ya Mtaa Kibangu; 2nd Respondent: Ubungo Municipal Council; 3rd Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 December 2023
Procedural Posture
Misc. Civil Application / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed with costs
Legal Topics
Review, Preliminary Objection, Finality of Orders
Source Language
English
Civil Procedure Review Preliminary Objection Finality of Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Fredrick Anthony Mboma

Applicant

Serikali ya Mtaa Kibangu

1st Respondent

Ubungo Municipal Council

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Misc. Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for review is incompetent for contravening Section 78(2) of the Civil Procedure Code

Ratio Decidendi

The order striking out the application in Misc. Civil Application No. 18 of 2023 was final and conclusive as it disposed of the matter and deregistered it from the court register, with nothing pending for determination. Therefore, the preliminary objection lacks merit.

Court Disposition

Preliminary objection dismissed with costs

Orders

  • Application to proceed with hearing on merit