leonia hotay ami xwastal vs paskal qalway gwangwa and another 2023 tzhc 16847 25 april 2023

leonia hotay ami xwastal vs paskal qalway gwangwa and another 2023 tzhc 16847 25 april 2023

The applicant's failure to file written submissions as ordered constitutes failure to prosecute; the application must be struck out with costs.

Citation
leonia hotay ami xwastal vs paskal qalway gwangwa and another 2023 tzhc 16847 25 april 2023
Parties
Applicant: Leonia Hotay Ami Xwastal; 1st Respondent: Paskali Qalway Gwangwa; 2nd Respondent: Francis Baraza Honda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 April 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time and Injunction
Outcome
application struck out with costs
Legal Topics
Extension of Time, Injunction, Failure to Prosecute, Written Submissions
Source Language
English
Land Law Civil Procedure Extension of Time Injunction Failure to Prosecute Written Submissions

Case Brief

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Parties

Leonia Hotay Ami Xwastal

Applicant

Paskali Qalway Gwangwa

1st Respondent

Francis Baraza Honda

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time and Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to extension of time to file appeal
  2. 2 Whether the applicant is entitled to injunctive relief pending appeal
  3. 3 Effect of failure to file written submissions as ordered by the court

Ratio Decidendi

The applicant's failure to file written submissions as ordered constitutes failure to prosecute; the application must be struck out with costs.

Court Disposition

application struck out with costs

Orders

  • application struck out
  • costs awarded to respondents