joymetha kashaija vs veronika mathew 2 others 2023 tzhclandd 15727 28 march 2023

joymetha kashaija vs veronika mathew 2 others 2023 tzhclandd 15727 28 march 2023

The court held that the preliminary objections raised did not constitute pure points of law capable of disposing of the suit at this stage. The cause of action was sufficiently articulated in the plaint, specifically in paragraph 8, and required evidence to be determined at trial. Therefore, the application for extension of time to file a revision was refused with costs.

Citation
joymetha kashaija vs veronika mathew 2 others 2023 tzhclandd 15727 28 march 2023
Parties
Applicant: Joymetha Kashaija; 1st Respondent: Veronika Mathew; 2nd Respondent: Tamasha M. Mambo; 3rd Respondent: Kabango General Business (T) Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
28 March 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection and Application for Extension of Time
Outcome
Application refused with costs
Legal Topics
Extension of Time, Preliminary Objection, Cause of Action, Land Boundaries, Eviction
Source Language
English
Land Law Civil Procedure Extension of Time Preliminary Objection Cause of Action Land Boundaries Eviction

Case Brief

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Parties

Joymetha Kashaija

Applicant

Veronika Mathew

1st Respondent

Tamasha M. Mambo

2nd Respondent

Kabango General Business (T) Ltd

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection and Application for Extension of Time

Legal Issues

  1. 1 Whether the application discloses a cause of action against the defendants
  2. 2 Whether the preliminary objections raised are pure points of law
  3. 3 Whether the applicant is entitled to extension of time to file a revision

Ratio Decidendi

The court held that the preliminary objections raised did not constitute pure points of law capable of disposing of the suit at this stage. The cause of action was sufficiently articulated in the plaint, specifically in paragraph 8, and required evidence to be determined at trial. Therefore, the application for extension of time to file a revision was refused with costs.

Court Disposition

Application refused with costs

Orders

  • Application for extension of time to file a revision is refused with costs