LEKAM INVESTMENT 1

LEKAM INVESTMENT 1

The applicant's prior attempt to set aside the ex parte judgment does not bar the right to appeal; remedies are not cumulative but may be pursued sequentially. No forum shopping exists as there is no pending application for the same relief.

Citation
LEKAM INVESTMENT 1
Parties
Applicant: Lekam Investment Co. Ltd; 1st Respondent: The Registered Trustees of Al-Jumaa Mosque; 2nd Respondent: The Administrator General; 3rd Respondent: Clement Kahabuka; 4th Respondent: Abdallah Ilamulira
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 June 2015
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled
Legal Topics
Extension of Time, Right of Appeal, Ex Parte Judgment, Forum Shopping
Source Language
English
Civil Procedure Land Law Extension of Time Right of Appeal Ex Parte Judgment Forum Shopping

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Parties

Lekam Investment Co. Ltd

Applicant

The Registered Trustees of Al-Jumaa Mosque

1st Respondent

The Administrator General

2nd Respondent

Clement Kahabuka

3rd Respondent

Abdallah Ilamulira

4th Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether applicant is barred from appealing after seeking to set aside ex parte judgment
  2. 2 Whether the application constitutes forum shopping

Ratio Decidendi

The applicant's prior attempt to set aside the ex parte judgment does not bar the right to appeal; remedies are not cumulative but may be pursued sequentially. No forum shopping exists as there is no pending application for the same relief.

Court Disposition

Preliminary objection overruled

Orders

  • Costs to be determined at final hearing of the application