20000824 TZHC Dar es Salaam

20000824 TZHC Dar es Salaam

Permission to withdraw the suit with liberty to re-file is granted; costs for work already done are awarded to the defendants, payable after finalisation of the fresh suit or immediately if no fresh suit is filed.

Citation
20000824 TZHC Dar es Salaam
Parties
Applicant: Lawhenc P. Milinga; Respondent: Tanzania Harbours Authority
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 August 2000
Procedural Posture
Civil / Ruling on Application to Amend or Withdraw Plaint
Outcome
suit withdrawn with liberty to re-file
Legal Topics
Amendment of Pleadings, Withdrawal of Plaint, Costs
Source Language
English
Civil Procedure Amendment of Pleadings Withdrawal of Plaint Costs

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Parties

Lawhenc P. Milinga

Applicant

Tanzania Harbours Authority

Respondent

Procedural Posture

Civil / Ruling on Application to Amend or Withdraw Plaint

Legal Issues

  1. 1 Whether the plaintiff may amend the plaint after mediation
  2. 2 Whether the plaintiff may withdraw the plaint with liberty to re-file
  3. 3 Entitlement to costs upon withdrawal

Ratio Decidendi

Permission to withdraw the suit with liberty to re-file is granted; costs for work already done are awarded to the defendants, payable after finalisation of the fresh suit or immediately if no fresh suit is filed.

Court Disposition

suit withdrawn with liberty to re-file

Orders

  • Permission granted to withdraw suit with liberty to re-file.
  • Costs awarded to defendants for work already done, payable after finalisation of fresh suit or immediately if no fresh suit is filed.