hamisi so hussein saburi vs msami so hussein ngando another 2007 tzhc 289 19 july 2007

hamisi so hussein saburi vs msami so hussein ngando another 2007 tzhc 289 19 july 2007

The application is marked withdrawn as requested by the applicant. The 2nd respondent is entitled to costs for the two days he appeared in court, as he did not file any counter affidavit and only appeared on those days.

Citation
hamisi so hussein saburi vs msami so hussein ngando another 2007 tzhc 289 19 july 2007
Parties
Applicant: Hamisi s/o Hussein @ Saburi; Respondent: Msami s/o Hussein Ngando; Respondent: Norbert s/o Mahumpa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 July 2007
Procedural Posture
Miscellaneous Civil Application / Withdrawal Before Determination
Outcome
Application withdrawn with costs to the 2nd respondent for two days of appearance.
Legal Topics
Withdrawal of Application, Costs
Source Language
English
Civil Procedure Withdrawal of Application Costs

Case Brief

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Parties

Hamisi s/o Hussein @ Saburi

Applicant

Msami s/o Hussein Ngando

Respondent

Norbert s/o Mahumpa

Respondent

Procedural Posture

Miscellaneous Civil Application / Withdrawal Before Determination

Legal Issues

  1. 1 Whether the application should be marked withdrawn
  2. 2 Whether the 2nd respondent is entitled to costs

Ratio Decidendi

The application is marked withdrawn as requested by the applicant. The 2nd respondent is entitled to costs for the two days he appeared in court, as he did not file any counter affidavit and only appeared on those days.

Court Disposition

Application withdrawn with costs to the 2nd respondent for two days of appearance.

Orders

  • Application marked withdrawn
  • Costs awarded to 2nd respondent for two days of appearance, to be taxed by the District Registrar