20060831 TZHC Moshi

20060831 TZHC Moshi

The application for withdrawal is granted because the related revision application has been struck out, making the present application redundant. Leave to refile is denied as the basis for the application no longer exists.

Citation
20060831 TZHC Moshi
Parties
Applicant: National Insurance Corp. (T) Ltd; Respondent: Mayur Patel
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 August 2006
Procedural Posture
Misc. Civil Application / Ruling on Withdrawal Application
Outcome
Application withdrawn; leave to refile denied; costs to respondent as ordered by court.
Legal Topics
Withdrawal of Application, Extension of Time, Stay of Execution, Preliminary Objection
Source Language
English
Civil Procedure Withdrawal of Application Extension of Time Stay of Execution Preliminary Objection

Case Brief

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Parties

National Insurance Corp. (T) Ltd

Applicant

Mayur Patel

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Withdrawal Application

Legal Issues

  1. 1 Whether the applicant should be granted leave to withdraw the application with liberty to refile
  2. 2 Whether the applicant is entitled to leave to refile the application after withdrawal

Ratio Decidendi

The application for withdrawal is granted because the related revision application has been struck out, making the present application redundant. Leave to refile is denied as the basis for the application no longer exists.

Court Disposition

Application withdrawn; leave to refile denied; costs to respondent as ordered by court.

Orders

  • Application withdrawn
  • Leave to refile denied