HAMOOD MOHAMED
The court held that it is improper to proceed with the hearing before respondents have filed their counter affidavits; hearing must be inter-parties after pleadings are complete.
Source-derived case information.
- Citation
- HAMOOD MOHAMED
- Parties
- Applicant: Hamood Mohamed Hamood (Administrator of the estate of the late Mohamed Hamood Ally); 1st Respondent: Soud Mohamed; 2nd Respondent: Moze Mohamed Mohamed; 3rd Respondent: Mohamed Salum Mohamed; 4th Respondent: Shinyanga Municipal Council; 5th Respondent: Registrar of Title; 6th Respondent: Commissioner for Lands; 7th Respondent: The Attorney General
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 26 June 2024
- Procedural Posture
- Land Appeal / Interlocutory Application; Scheduling of Inter Parties Hearing
- Outcome
- Application to be heard inter-parties on a date to be fixed.
- Legal Topics
- Filing of Pleadings, Right to File Counter Affidavit, Inter Parties Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hamood Mohamed Hamood (Administrator of the estate of the late Mohamed Hamood Ally)
Applicant
Soud Mohamed
1st Respondent
Moze Mohamed Mohamed
2nd Respondent
Mohamed Salum Mohamed
3rd Respondent
Shinyanga Municipal Council
4th Respondent
Registrar of Title
5th Respondent
Commissioner for Lands
6th Respondent
The Attorney General
7th Respondent
Procedural Posture
Land Appeal / Interlocutory Application; Scheduling of Inter Parties Hearing
Legal Issues
- 1 Whether the application can be heard before respondents file counter affidavits
Ratio Decidendi
The court held that it is improper to proceed with the hearing before respondents have filed their counter affidavits; hearing must be inter-parties after pleadings are complete.
Court Disposition
Application to be heard inter-parties on a date to be fixed.
Orders
- Respondents to file counter affidavits (already complied)
- Application to be heard inter-parties on a scheduled date
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB - REGISTRY OF SHINYANGA AT SHINYANGA LAND APPEAL CASE REFFERENCE NO. 202405071000013449 (Originating from Land Case No. 5 of 2023) HAMOOD MOHAMED HAMOOD (Administrator of the estate of the late MOHAMED HAMOOD ALLY)……………….APPLICANT Versus SOUD MOHAMED …………………………….………….1ST RESPONDENT MOZE MOHAMED MOHAMED…………….……………2ND RESPONDENT MOHAMED SALUM MOHAMED…………….………….3RD RESPONDENT SHINYANGA MUNICIPAL COUNCIL……..……..……4TH RESPONDENT REGISTRAR OF TITLE………………………..…..……..5TH RESPONDENT COMMISSIONER FOR LANDS………………..………..6TH RESPONDENT THE ATTORNEY GENERAL……………….…………….7TH RESPONDENT Date of Last Order: 18/6/2024 Date of Ruling: 18/6/2024 RULING S. M. KULITA, J Upon filing the application under the certificate of urgency, Advocate for the Applicant, Mr. Frank Samwel sought for the same to be heard on 12/06/2024, the date that the matter had been tabled before me for the first time. 1 On the other hand, counsels for the Respondent; Mr. Paul Kaunda, Advocate who represents the 1st , 2nd and 3rd Respondent; and Ms. Amina Mkuya, State Attorney who represents the 4th, 5th and 6th Respondent, resisted the said prayer by Mr. Frank Samwel. The main reason according to the Respondents counsels was that they have not yet filed their Reply pleadings, that is Counter Affidavits. They said that they had been served with the Applicant’s pleadings just two days before. Hence, they could have not managed to file a reply within such a short period. Upon hearing the Counsels’ arguments on this, I have the following observation; at hand was not made to accommodate Ex-parte hearing, obvious hearing of the matter should be inter-parties. It is a trite law that before hearing such matter the ……… party(s) Respondents in this matter, should have lodged their Counter Affidavit(s) first. It is therefore wrong for Mr. Frank Samwel, the Applicant’s counsel to suggest the court to conduct hearing while the Respondents have not yet filed their Counter Affidavits. 2 On the date that the parties herein were arguing on this matter, I ordered the Respondent’s counsel to file their Counter Affidavits by this date. The said order has actually been complied with by the Respondents counsel. That being the case I hereby order the application to be heard inter-parties on the date that I am going to fix S. M. Kulita JUDGE 26/6/2024 DATED at SHINYANGA this 26th day of June, 2024. S. M. Kulita JUDGE 26/6/2024 3 4