kuringe real estate colimited vsbank of africa t limited and 3 others 2021 tzhccomd 3361 5 october 2021

kuringe real estate colimited vsbank of africa t limited and 3 others 2021 tzhccomd 3361 5 october 2021

The application is barred by Order XXIII Rule 1(3) of the Civil Procedure Code due to prior withdrawal without leave to re-file, and is therefore dismissed as an abuse of process.

Citation
kuringe real estate colimited vsbank of africa t limited and 3 others 2021 tzhccomd 3361 5 october 2021
Parties
Applicant: Kuringe Real Estate Co. Limited; 1st Respondent: Bank of Africa (T) Limited; 2nd Respondent: Wilson Simon Ngui; 3rd Respondent: National Microfinance Bank PLC; 4th Respondent: CDJ Classic Group Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
5 October 2021
Procedural Posture
Miscellaneous Commercial Application / Ruling on Preliminary Objection
Outcome
Application dismissed with costs
Legal Topics
Withdrawal of Application, Leave to Re File, Jurisdiction, Abuse of Process
Source Language
English
Civil Procedure Withdrawal of Application Leave to Re File Jurisdiction Abuse of Process

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Parties

Kuringe Real Estate Co. Limited

Applicant

Bank of Africa (T) Limited

1st Respondent

Wilson Simon Ngui

2nd Respondent

National Microfinance Bank PLC

3rd Respondent

CDJ Classic Group Limited

4th Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the court has jurisdiction to entertain the application after withdrawal without leave to re-file
  2. 2 Whether the application constitutes abuse of court process

Ratio Decidendi

The application is barred by Order XXIII Rule 1(3) of the Civil Procedure Code due to prior withdrawal without leave to re-file, and is therefore dismissed as an abuse of process.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Costs awarded to respondents