nuru mwesongo vs sheikh salum bushir and another 2020 tzhclandd 3978 20 november 2020

nuru mwesongo vs sheikh salum bushir and another 2020 tzhclandd 3978 20 november 2020

The application was struck out as an abuse of court process because the applicant filed multiple applications on the same subject matter without withdrawing the previous application, and failed to follow proper procedural requirements.

Citation
nuru mwesongo vs sheikh salum bushir and another 2020 tzhclandd 3978 20 november 2020
Parties
Applicant: Nuru Mwesongo; 1st Respondent: Sheikh Salum Bushir; 2nd Respondent: Mohamed Salum
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
20 November 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Leave to Appeal, Abuse of Court Process, Forum Shopping
Source Language
English
Civil Procedure Land Law Extension of Time Leave to Appeal Abuse of Court Process Forum Shopping

Case Brief

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Parties

Nuru Mwesongo

Applicant

Sheikh Salum Bushir

1st Respondent

Mohamed Salum

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is an abuse of court process
  2. 2 Whether the application is maintainable given pending proceedings

Ratio Decidendi

The application was struck out as an abuse of court process because the applicant filed multiple applications on the same subject matter without withdrawing the previous application, and failed to follow proper procedural requirements.

Court Disposition

Application struck out with costs

Orders

  • Application struck out
  • Applicant to pay costs