20180427 TZCA Dar es Salaam

20180427 TZCA Dar es Salaam

The application is allowed to be withdrawn as the subject matter has reverted to the Government, rendering the application nugatory. The first respondent is entitled to costs due to time and resources spent in preparation and appearance for the preliminary objection.

Citation
20180427 TZCA Dar es Salaam
Parties
Applicant: Godfrey Enock Mkocha; First Respondent: Twiga Paper Products Limited; Second Respondent: Permanent Secretary, Ministry of Works; Third Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 April 2018
Procedural Posture
Civil Application for Revision / Ruling on Withdrawal and Costs
Outcome
application withdrawn with costs to the first respondent
Legal Topics
Withdrawal of Application, Preliminary Objection, Costs, Revision of High Court Decision
Source Language
English
Civil Procedure Land Law Withdrawal of Application Preliminary Objection Costs Revision of High Court Decision

Case Brief

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Parties

Godfrey Enock Mkocha

Applicant

Twiga Paper Products Limited

First Respondent

Permanent Secretary, Ministry of Works

Second Respondent

The Attorney General

Third Respondent

Procedural Posture

Civil Application for Revision / Ruling on Withdrawal and Costs

Legal Issues

  1. 1 Whether withdrawal of application is permissible when a preliminary objection is pending
  2. 2 Whether costs should be awarded to the respondent upon withdrawal

Ratio Decidendi

The application is allowed to be withdrawn as the subject matter has reverted to the Government, rendering the application nugatory. The first respondent is entitled to costs due to time and resources spent in preparation and appearance for the preliminary objection.

Court Disposition

application withdrawn with costs to the first respondent

Orders

  • application marked withdrawn
  • costs awarded to the first respondent