maynard lugenja vs municipal director of kinondoni municipal council another 2022 tzhclandd 51 25 february 2022

maynard lugenja vs municipal director of kinondoni municipal council another 2022 tzhclandd 51 25 february 2022

The application was struck out because the previous withdrawal order did not grant leave to refile, and thus the present application was incompetent under Order XXIII Rule 1(3) of the Civil Procedure Code.

Citation
maynard lugenja vs municipal director of kinondoni municipal council another 2022 tzhclandd 51 25 february 2022
Parties
Applicant: Maynard Lugenja; 1st Respondent: Municipal Director of Kinondoni Municipal Council; 2nd Respondent: Michael Lema Bathromeo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
25 February 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome
Application struck out
Legal Topics
Extension of Time, Withdrawal and Refiling of Applications, Preliminary Objection
Source Language
English
Civil Procedure Land Law Extension of Time Withdrawal and Refiling of Applications Preliminary Objection

Case Brief

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Parties

Maynard Lugenja

Applicant

Municipal Director of Kinondoni Municipal Council

1st Respondent

Michael Lema Bathromeo

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is maintainable after withdrawal of a previous application without leave to refile under Order XXIII Rule 1(3) of the Civil Procedure Code

Ratio Decidendi

The application was struck out because the previous withdrawal order did not grant leave to refile, and thus the present application was incompetent under Order XXIII Rule 1(3) of the Civil Procedure Code.

Court Disposition

Application struck out

Orders

  • Application struck out for being incompetent
  • Each party to bear its own costs