20061110 TZHC Arusha

The application is time barred as there is no evidence the applicant became aware of the proceedings after the certificate was issued. The supporting affidavit is incurably defective as it is based on hearsay and does not comply with Order XIX Rule 3(1).

Citation: 20061110 TZHC Arusha
Parties: Applicant: Humphrey Herman Mosha; 1st Respondent: Kigeri Estate Limited; 2nd Respondent: Paul M. Lyimo; 3rd Respondent: The Commissioner for Lands; 4th Respondent: The Attorney General
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 10 November 2006
Procedural Posture: Miscellaneous Civil Application / Ruling on Preliminary Objections and Application
Outcome: Application struck out with costs
Legal Topics: Joinder of Parties, Affidavit Requirements, Limitation of Actions
Source Language: English

Civil Procedure Joinder of Parties Affidavit Requirements Limitation of Actions

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Parties

Humphrey Herman Mosha

Applicant

Kigeri Estate Limited

1st Respondent

Paul M. Lyimo

2nd Respondent

The Commissioner for Lands

3rd Respondent

The Attorney General

4th Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objections and Application

Legal Issues

1 Whether the application is time barred
2 Whether the supporting affidavit is defective
3 Whether the applicant can be joined as a co-defendant

Ratio Decidendi

Court Disposition

Application struck out with costs

Orders

Affidavit in support of the application struck out
Application struck out for being time barred and not accompanied by a valid affidavit