khatibu dangi versus ally massoud 2 others 2023 tzhclandd 16732 31 july 2023

khatibu dangi versus ally massoud 2 others 2023 tzhclandd 16732 31 july 2023

The application was filed outside the time extended by the court, and no further extension was sought as required. Therefore, the court lacks jurisdiction to entertain the matter, and the application is dismissed as time barred.

Citation
khatibu dangi versus ally massoud 2 others 2023 tzhclandd 16732 31 july 2023
Parties
Applicant: Khahbu Dangi; 1st Respondent: Ally Massoud; 2nd Respondent: Machowa Malisa; 3rd Respondent: Mbaraka Miraji
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 July 2023
Procedural Posture
Reference / Ruling on Preliminary Objections
Outcome
Application dismissed with costs
Legal Topics
Limitation of Actions, Costs, Jurisdiction, Procedural Compliance
Source Language
English
Civil Procedure Land Law Limitation of Actions Costs Jurisdiction Procedural Compliance

Case Brief

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Parties

Khahbu Dangi

Applicant

Ally Massoud

1st Respondent

Machowa Malisa

2nd Respondent

Mbaraka Miraji

3rd Respondent

Procedural Posture

Reference / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is time barred
  2. 2 Whether the application is incompetent for procedural defects

Ratio Decidendi

The application was filed outside the time extended by the court, and no further extension was sought as required. Therefore, the court lacks jurisdiction to entertain the matter, and the application is dismissed as time barred.

Court Disposition

Application dismissed with costs

Orders

  • The application is dismissed with costs