19970818 TZHC Dar es Salaam

19970818 TZHC Dar es Salaam

The application is dismissed because the applicant and her husband are seeking the same relief in two different courts, and the matter is already pending before the Ilala District Court.

Citation
19970818 TZHC Dar es Salaam
Parties
Applicant: Mary Mapunda; 1st Respondent: Majembe Auction Mart Limited; 2nd Respondent: National Bank of Commerce
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 August 1997
Procedural Posture
Application for Extension of Time / Ruling on Application for Leave to File Out of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Setting Aside Transfer of Property, Mortgage Sale, Locus Standi
Source Language
English
Civil Procedure Property Law Banking Law Extension of Time Setting Aside Transfer of Property Mortgage Sale Locus Standi

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Parties

Mary Mapunda

Applicant

Majembe Auction Mart Limited

1st Respondent

National Bank of Commerce

2nd Respondent

Procedural Posture

Application for Extension of Time / Ruling on Application for Leave to File Out of Time

Legal Issues

  1. 1 Whether the applicant should be granted leave to file an application out of time to set aside a transfer of property
  2. 2 Whether parallel proceedings on the same subject matter are permissible

Ratio Decidendi

The application is dismissed because the applicant and her husband are seeking the same relief in two different courts, and the matter is already pending before the Ilala District Court.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicant to pay costs