leokadia akwilini kimario versusphinison investment another 2023 tzhclandd 17301 30 october 2023

leokadia akwilini kimario versusphinison investment another 2023 tzhclandd 17301 30 october 2023

The application is incompetent and unmaintainable as it improperly combines multiple unrelated prayers (omnibus application).

Citation
leokadia akwilini kimario versusphinison investment another 2023 tzhclandd 17301 30 october 2023
Parties
Applicant: Leokadia Akwilini Kimario; 1st Respondent: Phinison Investment; 2nd Respondent: Vertex Services
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 October 2023
Procedural Posture
Misc. Land Case Application / Ruling on Preliminary Objection and Competence
Outcome
Application struck out with costs
Legal Topics
Injunctions, Locus Standi, Omnibus Applications, Competence of Application
Source Language
English
Land Law Civil Procedure Injunctions Locus Standi Omnibus Applications Competence of Application

Case Brief

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Parties

Leokadia Akwilini Kimario

Applicant

Phinison Investment

1st Respondent

Vertex Services

2nd Respondent

Procedural Posture

Misc. Land Case Application / Ruling on Preliminary Objection and Competence

Legal Issues

  1. 1 Whether the application is competent for containing omnibus prayers
  2. 2 Whether the applicants have locus standi against the respondents

Ratio Decidendi

The application is incompetent and unmaintainable as it improperly combines multiple unrelated prayers (omnibus application).

Court Disposition

Application struck out with costs

Orders

  • Application struck out
  • Applicants to pay costs