idda i tarimo vs national housing corporation 2018 tzhclandd 29 28 february 2018
The application was incompetent due to wrong citation of law and for being omnibus, as it improperly combined two prayers governed by different legal provisions and considerations. Both preliminary objections were upheld and the application was struck out with costs.
- Citation
- idda i tarimo vs national housing corporation 2018 tzhclandd 29 28 february 2018
- Parties
- Applicant: Idda I. Tarimo; Respondent: National Housing Corporation
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 28 February 2018
- Procedural Posture
- Miscellaneous Land Application / Ruling on Preliminary Objections
- Outcome
- Application struck out with costs
- Legal Topics
- Preliminary Objection, Wrong Citation of Law, Omnibus Application, Extension of Time, Setting Aside Dismissal Order
- Source Language
- English
Case Brief
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Parties
Idda I. Tarimo
Applicant
National Housing Corporation
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objections
Legal Issues
- 1 Whether the application is incompetent for wrong citation of law
- 2 Whether the application is incompetent for being omnibus (combining two prayers)
Ratio Decidendi
The application was incompetent due to wrong citation of law and for being omnibus, as it improperly combined two prayers governed by different legal provisions and considerations. Both preliminary objections were upheld and the application was struck out with costs.
Court Disposition
Application struck out with costs
Orders
- Application struck out
- Applicant to pay costs
Full Case Text
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