helena makoye vs china paul 2021 tzhc 3938 30 june 2021
The application is dismissed as the applicant conceded the preliminary objections and the court found the application incompetent; dismissal for want of prosecution does not invoke res judicata.
- Citation
- helena makoye vs china paul 2021 tzhc 3938 30 june 2021
- Parties
- Applicant: Helena Makoye; Respondent: China Paul
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 June 2021
- Procedural Posture
- Miscellaneous Land Application / Ruling on Preliminary Objections
- Outcome
- Application dismissed
- Legal Topics
- Extension of Time, Jurisdiction, Abuse of Process, Res Judicata
- Source Language
- English
Case Brief
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Parties
Helena Makoye
Applicant
China Paul
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objections
Legal Issues
- 1 Whether the application for extension of time is competent
- 2 Whether the High Court has jurisdiction to grant the relief sought
- 3 Whether the application constitutes abuse of court process
Ratio Decidendi
The application is dismissed as the applicant conceded the preliminary objections and the court found the application incompetent; dismissal for want of prosecution does not invoke res judicata.
Court Disposition
Application dismissed
Orders
- No order as to costs
- Right of appeal explained
Full Case Text
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