hussein omary mwasa vs mohamed amri mwinyi others 2012 tzhc 193 7 november 2012
A suit cannot be struck out solely for exceeding the speed track period; the purpose of the scheduling conference is to alert parties and the court to the need for expeditious trial, not to impose a strict time bar.
- Citation
- hussein omary mwasa vs mohamed amri mwinyi others 2012 tzhc 193 7 november 2012
- Parties
- Plaintiff: Hussein Omary Mwasa; 1st Defendant: Mohamed Amri Mwinyi; 2nd Defendant: The Registered Trustees of Masjid Omar Ibn Khattab
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 November 2012
- Procedural Posture
- Land Case / Ruling on Application to Strike Out Suit for Exceeding Speed Track
- Outcome
- Application to strike out the suit dismissed; suit to proceed to full trial.
- Legal Topics
- Speed Track Procedure, Case Management, Striking Out Suits
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Hussein Omary Mwasa
Plaintiff
Mohamed Amri Mwinyi
1st Defendant
The Registered Trustees of Masjid Omar Ibn Khattab
2nd Defendant
Procedural Posture
Land Case / Ruling on Application to Strike Out Suit for Exceeding Speed Track
Legal Issues
- 1 Whether the suit should be struck out for exceeding the prescribed speed track period
Ratio Decidendi
A suit cannot be struck out solely for exceeding the speed track period; the purpose of the scheduling conference is to alert parties and the court to the need for expeditious trial, not to impose a strict time bar.
Court Disposition
Application to strike out the suit dismissed; suit to proceed to full trial.
Orders
- Suit to continue with full trial as scheduled.
- No order as to costs.
Full Case Text
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