koronel kishegeshe vs nile equatorial lake subsidiary action program 2021 tzhc 9360 14 december 2021

The suit is allowed to be withdrawn with leave to refile, but the plaintiff must pay costs because the misclassification was due to negligence by the plaintiff's advocate and the defendant incurred costs attending court.

Citation: koronel kishegeshe vs nile equatorial lake subsidiary action program 2021 tzhc 9360 14 december 2021
Parties: Plaintiff: Koronel Kishegeshe; Respondent: Nile Equatorial Lakes Subsidiary Action Program (NELSAP)
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 14 December 2021
Procedural Posture: Land Case / Ruling on Withdrawal Application
Outcome: Suit withdrawn with leave to refile; plaintiff to pay costs.
Legal Topics: Withdrawal of Suit, Costs, Misclassification of Case, Negligence of Counsel
Source Language: English

Civil Procedure Tort Law Withdrawal of Suit Costs Misclassification of Case Negligence of Counsel

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 2

Parties

Koronel Kishegeshe

Plaintiff

Nile Equatorial Lakes Subsidiary Action Program (NELSAP)

Respondent

Procedural Posture

Land Case / Ruling on Withdrawal Application

Legal Issues

1 Whether the suit should be withdrawn with leave to refile
2 Whether the plaintiff should be exempted from paying costs upon withdrawal

Ratio Decidendi

Court Disposition

Suit withdrawn with leave to refile; plaintiff to pay costs.

Orders

The matter is marked withdrawn with leave to refile.
The plaintiff shall pay costs from the date of filing to the date of withdrawal.