hamza athumani mwingwa vs hassani mussa msami and others 2020 tzhclandd 65 22 april 2020

hamza athumani mwingwa vs hassani mussa msami and others 2020 tzhclandd 65 22 april 2020

The application is incurably defective because it improperly includes a new party who was not part of the proceedings in the lower courts.

Citation
hamza athumani mwingwa vs hassani mussa msami and others 2020 tzhclandd 65 22 april 2020
Parties
Applicant: Hamza Athumani Mwingwa; 1st Respondent: Hassani Mussa Msami; 2nd Respondent: Mchiwa Mussa Msami; 3rd Respondent: Mwajuma Hussein Mbelwa
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
22 April 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time and Related Orders
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Addition of Parties on Appeal, Appellate Procedure
Source Language
English
Civil Procedure Land Law Extension of Time Addition of Parties on Appeal Appellate Procedure

Case Brief

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Parties

Hamza Athumani Mwingwa

Applicant

Hassani Mussa Msami

1st Respondent

Mchiwa Mussa Msami

2nd Respondent

Mwajuma Hussein Mbelwa

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time and Related Orders

Legal Issues

  1. 1 Whether the applicant can add a new party at the stage of second appeal
  2. 2 Whether the application for extension of time and related orders is competent

Ratio Decidendi

The application is incurably defective because it improperly includes a new party who was not part of the proceedings in the lower courts.

Court Disposition

Application struck out with costs

Orders

  • Application struck out
  • Applicant to pay costs