meet singh bhachu vs gurmit singh bhachu 2021 tzca 21 17 february 2021

An application cannot be withdrawn once a preliminary objection on its competence has been raised; the proper course is to strike out the application with costs.

Citation: meet singh bhachu vs gurmit singh bhachu 2021 tzca 21 17 february 2021
Parties: Applicant: Meet Singh Bhachu; Respondent: Gurmit Singh Bhachu
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 17 February 2021
Procedural Posture: Civil Application / Ruling on Withdrawal Versus Striking Out After Preliminary Objection
Outcome: Application struck out with costs
Legal Topics: Withdrawal of Application, Preliminary Objection, Competence of Application
Source Language: English

Civil Procedure Withdrawal of Application Preliminary Objection Competence of Application

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2

Parties

Meet Singh Bhachu

Applicant

Gurmit Singh Bhachu

Respondent

Procedural Posture

Civil Application / Ruling on Withdrawal Versus Striking Out After Preliminary Objection

Legal Issues

1 Whether an application can be withdrawn after a preliminary objection on competence has been raised
2 Whether the application should be struck out with costs or marked as withdrawn

Ratio Decidendi

An application cannot be withdrawn once a preliminary objection on its competence has been raised; the proper course is to strike out the application with costs.

Court Disposition

Application struck out with costs

Orders

The application is struck out with costs.