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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the application is incompetent for being omnibus
- 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
Full Case Text
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