glory gereson kizinga vs john chulla constatino and 4 others 2021 tzhclandd 798 25 october 2021

glory gereson kizinga vs john chulla constatino and 4 others 2021 tzhclandd 798 25 october 2021

The plaintiff has provided sufficient reasons for withdrawal as required by Order XXIII Rule 1 (1) of the Civil Procedure Code. Leave to refile is denied due to the application of the Law of Limitation Act. The counterclaim cannot proceed independently after withdrawal of the main suit.

Source-derived case information.

Citation
glory gereson kizinga vs john chulla constatino and 4 others 2021 tzhclandd 798 25 october 2021
Parties
Plaintiff: Glory Geresoni Kizinga; Defendant: John Chulla Constantino; Defendant: Mesausy Betes Chengula; Defendant: Amana Bank Limited; Defendant: Ahadi Company Limited; Defendant: Christopher Michael Kadeo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
25 October 2021
Procedural Posture
Land Case / Ruling on Application to Withdraw Suit
Outcome
Suit marked withdrawn without leave to refile and without order as to costs.
Legal Topics
Withdrawal of Suit, Matrimonial Property, Counterclaim Procedure
Source Language
english
Land Law Civil Procedure Withdrawal of Suit Matrimonial Property Counterclaim Procedure

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Parties

Glory Geresoni Kizinga

Plaintiff

John Chulla Constantino

Defendant

Mesausy Betes Chengula

Defendant

Amana Bank Limited

Defendant

Ahadi Company Limited

Defendant

Christopher Michael Kadeo

Defendant

Procedural Posture

Land Case / Ruling on Application to Withdraw Suit

Legal Issues

  1. 1 Whether the plaintiff should be allowed to withdraw the suit under Order XXIII Rule 1 of the Civil Procedure Code
  2. 2 Whether leave to refile should be granted
  3. 3 Whether the counterclaim can proceed after withdrawal of the main suit

Ratio Decidendi

The plaintiff has provided sufficient reasons for withdrawal as required by Order XXIII Rule 1 (1) of the Civil Procedure Code. Leave to refile is denied due to the application of the Law of Limitation Act. The counterclaim cannot proceed independently after withdrawal of the main suit.

Court Disposition

Suit marked withdrawn without leave to refile and without order as to costs.

Orders

  • Suit withdrawn
  • No order as to costs