mathayo ole silongoi vs hussein midle 2024 tzhc 24 22 january 2024

mathayo ole silongoi vs hussein midle 2024 tzhc 24 22 january 2024

Amended application was filed out of time and without leave, thus invalid; amendment was only to language, not substance, so prior WSD remained valid; no error material to merits or injustice shown; revision not merited.

Citation
mathayo ole silongoi vs hussein midle 2024 tzhc 24 22 january 2024
Parties
Applicant: Mathayo Ole Silongoi; Respondent: Hussein Midle
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 January 2024
Procedural Posture
Land Revision / Ruling
Outcome
Application dismissed with costs
Legal Topics
Revision Jurisdiction, Amendment of Pleadings, Timeliness of Filing, Language of Pleadings, Written Statement of Defence
Source Language
English
Land Law Civil Procedure Revision Jurisdiction Amendment of Pleadings Timeliness of Filing Language of Pleadings Written Statement of Defence

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Parties

Mathayo Ole Silongoi

Applicant

Hussein Midle

Respondent

Procedural Posture

Land Revision / Ruling

Legal Issues

  1. 1 Whether failure to file amended Written Statement of Defence after amendment order vitiated proceedings
  2. 2 Whether DLHT was functus officio in granting amendment
  3. 3 Whether filing amended application out of time without leave invalidated amendment

Ratio Decidendi

Amended application was filed out of time and without leave, thus invalid; amendment was only to language, not substance, so prior WSD remained valid; no error material to merits or injustice shown; revision not merited.

Court Disposition

Application dismissed with costs

Orders

  • Application for revision dismissed
  • Applicant to pay costs