peter joseph swai vs hilder emmanuel makeremo administratrix of the estate of the late emmanuel lazaro makelemo and another 2021 tzhclandd 843 1 october 2021

peter joseph swai vs hilder emmanuel makeremo administratrix of the estate of the late emmanuel lazaro makelemo and another 2021 tzhclandd 843 1 october 2021

Given the peculiar circumstances and the bona fide belief of the 1st defendant regarding the status of pleadings, sufficient reason for delay exists and leave to refile the WSD is granted.

Citation
peter joseph swai vs hilder emmanuel makeremo administratrix of the estate of the late emmanuel lazaro makelemo and another 2021 tzhclandd 843 1 october 2021
Parties
Plaintiff: Peter Joseph Swai; 1st Defendant: Hilder Emmanuel Makelemo (As Administratix of the Estate of the late Emmanuel Lazaro Makelemo); 2nd Defendant: Gabriel Mpakatamwiu Mikwamba
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 October 2021
Procedural Posture
Land Case / Ruling on Oral Application for Leave to Refile Written Statement of Defence (wsd) by 1st Defendant
Outcome
Leave granted for the 1st defendant to refile Written Statement of Defence within 14 days from the date of the Ruling.
Legal Topics
Leave to File Defence, Limitation of Actions, Functus Officio, Pleadings, Legal Representatives
Source Language
English
Civil Procedure Land Law Leave to File Defence Limitation of Actions Functus Officio Pleadings Legal Representatives

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Parties

Peter Joseph Swai

Plaintiff

Hilder Emmanuel Makelemo (As Administratix of the Estate of the late Emmanuel Lazaro Makelemo)

1st Defendant

Gabriel Mpakatamwiu Mikwamba

2nd Defendant

Procedural Posture

Land Case / Ruling on Oral Application for Leave to Refile Written Statement of Defence (wsd) by 1st Defendant

Legal Issues

  1. 1 Whether the 1st defendant's application for leave to refile Written Statement of Defence is time-barred
  2. 2 Whether the court is functus officio regarding the previous order expunging the WSD
  3. 3 Whether the administratix is properly joined as a party

Ratio Decidendi

Given the peculiar circumstances and the bona fide belief of the 1st defendant regarding the status of pleadings, sufficient reason for delay exists and leave to refile the WSD is granted.

Court Disposition

Leave granted for the 1st defendant to refile Written Statement of Defence within 14 days from the date of the Ruling.

Orders

  • 1st defendant to refile Written Statement of Defence within 14 days from the date of delivery of this Ruling.
  • Right of appeal explained.