misozi mganga vs muya sekondo administrator of the estate of the late sekondo lugoda 2 others 2023 tzhclandd 30 26 january 2023

misozi mganga vs muya sekondo administrator of the estate of the late sekondo lugoda 2 others 2023 tzhclandd 30 26 january 2023

The application is incompetent as the court cannot determine both prayers due to improper citation of law; the omnibus application cannot stand.

Citation
misozi mganga vs muya sekondo administrator of the estate of the late sekondo lugoda 2 others 2023 tzhclandd 30 26 january 2023
Parties
Applicant: Misozi Mganga; 1st Respondent: Muya Sekondo (As administrator of the Estate of the late Sekondo Lugoda); 2nd Respondent: Halifa Chinawa; 3rd Respondent: Juma Salum
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
26 January 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objections
Outcome
Application struck out for incompetence without costs.
Legal Topics
Omnibus Applications, Wrong Citation of Law, Extension of Time, Setting Aside Dismissal Orders
Source Language
English

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Parties

Misozi Mganga

Applicant

Muya Sekondo (As administrator of the Estate of the late Sekondo Lugoda)

1st Respondent

Halifa Chinawa

2nd Respondent

Juma Salum

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objections

  1. 1 Whether the application is incompetent for being omnibus
  2. 2 Whether the application is incompetent for wrong citation of law

Ratio Decidendi

The application is incompetent as the court cannot determine both prayers due to improper citation of law; the omnibus application cannot stand.

Court Disposition

Application struck out for incompetence without costs.

Orders

  • Application struck out for incompetence
  • No order as to costs