fredrick mbelwa others vs engera kileo another 2018 tzhclandd 8 14 february 2018

fredrick mbelwa others vs engera kileo another 2018 tzhclandd 8 14 february 2018

The application was brought under the wrong provision of law, making it incompetent and liable to be struck out.

Source-derived case information.

Citation
fredrick mbelwa others vs engera kileo another 2018 tzhclandd 8 14 february 2018
Parties
Applicant: Fredrick Mbelwa; Applicant: Adam Shabani; Applicant: Mohamed Selemani; Applicant: Abubakari Juma Bakari; Respondent: Engera Kileo; Respondent: Catherine Tom Mmari
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
14 February 2018
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Preliminary Objection, Jurisdiction, Proper Citation of Law
Source Language
english
Civil Procedure Land Law Extension of Time Preliminary Objection Jurisdiction Proper Citation of Law

Source-derived case record

Summary, issues, holding and outcome

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Parties

Fredrick Mbelwa

Applicant

Adam Shabani

Applicant

Mohamed Selemani

Applicant

Abubakari Juma Bakari

Applicant

Engera Kileo

Respondent

Catherine Tom Mmari

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is competent for citing a wrong enabling provision
  2. 2 Effect of supporting affidavit alleged to be defective

Ratio Decidendi

The application was brought under the wrong provision of law, making it incompetent and liable to be struck out.

Court Disposition

Application struck out with costs

Orders

  • Application struck out
  • Applicants to pay costs