glory maliki vs failey michael mwakipesile 3 4 others 2022 tzhclandd 839 26 august 2022
The application was brought under the wrong provision of law, which does not empower the court to grant the relief sought; as a result, the application is incompetent and must be struck out.
- Citation
- glory maliki vs failey michael mwakipesile 3 4 others 2022 tzhclandd 839 26 august 2022
- Parties
- Applicant: Glory Maliki; 1st Respondent: Failey Michael Mwakipesile; 2nd Respondent: Ally Shanani; 3rd Respondent: Ablon Mkenda; 4th Respondent: Bakari Chilala; 5th Respondent: Mohamed H. Katumba
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 26 August 2022
- Procedural Posture
- Miscellaneous Land Application / Ruling on Preliminary Objection
- Outcome
- Application struck out with costs
- Legal Topics
- Extension of Time, Wrong Citation of Law, Preliminary Objection
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Glory Maliki
Applicant
Failey Michael Mwakipesile
1st Respondent
Ally Shanani
2nd Respondent
Ablon Mkenda
3rd Respondent
Bakari Chilala
4th Respondent
Mohamed H. Katumba
5th Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application is incompetent due to wrong citation of enabling provision of law
Ratio Decidendi
The application was brought under the wrong provision of law, which does not empower the court to grant the relief sought; as a result, the application is incompetent and must be struck out.
Court Disposition
Application struck out with costs
Orders
- The preliminary objection is sustained.
- The application is struck out with costs.
Full Case Text
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