magongo justus vs priskila mwainunu 2021 tzhc 9344 13 december 2021

Application was incompetent for lack of annexed judgment and decree; applicant conceded and withdrew at earliest stage; court exercised discretion not to award costs and granted leave to refile.

Citation: magongo justus vs priskila mwainunu 2021 tzhc 9344 13 december 2021
Parties: Applicant: Magongo Justus; Respondent: Priskila Mwainunu
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 13 December 2021
Procedural Posture: Miscellaneous Land Application / Withdrawal of Application Before Hearing
Outcome: application withdrawn
Legal Topics: Extension of Time, Leave to Appeal, Withdrawal of Application, Costs
Source Language: English

Civil Procedure Land Law Extension of Time Leave to Appeal Withdrawal of Application Costs

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Parties

Magongo Justus

Applicant

Priskila Mwainunu

Respondent

Procedural Posture

Miscellaneous Land Application / Withdrawal of Application Before Hearing

Legal Issues

1 Whether the application is competent without annexing judgment and decree
2 Whether costs should be awarded upon withdrawal
3 Whether leave to refile should be granted

Ratio Decidendi

Application was incompetent for lack of annexed judgment and decree; applicant conceded and withdrew at earliest stage; court exercised discretion not to award costs and granted leave to refile.

Court Disposition

application withdrawn

Orders

Application No. 94 of 2021 marked withdrawn
No order as to costs