rehema ndoje another vs kcb bank tanzania limited 2020 tzhclandd 3884 1 december 2020
The suit is withdrawn with liberty to refile because the purchaser is a necessary party who was not joined, and no costs are awarded as the defendants did not disclose the purchaser's identity and failed to raise the issue earlier.
Source-derived case information.
- Citation
- rehema ndoje another vs kcb bank tanzania limited 2020 tzhclandd 3884 1 december 2020
- Parties
- Plaintiff: Rehema Ndoje; Plaintiff: John Bedson Ndoje; Defendant: KCB Bank Tanzania Limited; Defendant: Yono Auction Mart & Co. Limited
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 December 2020
- Procedural Posture
- Land Case / Ruling on Application for Withdrawal of Suit
- Outcome
- Suit withdrawn with liberty to refile, no order as to costs.
- Legal Topics
- Withdrawal of Suit, Joinder of Necessary Parties, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rehema Ndoje
Plaintiff
John Bedson Ndoje
Plaintiff
KCB Bank Tanzania Limited
Defendant
Yono Auction Mart & Co. Limited
Defendant
Procedural Posture
Land Case / Ruling on Application for Withdrawal of Suit
Legal Issues
- 1 Whether the suit should be withdrawn with liberty to refile
- 2 Whether costs should be awarded to the defendants
Ratio Decidendi
The suit is withdrawn with liberty to refile because the purchaser is a necessary party who was not joined, and no costs are awarded as the defendants did not disclose the purchaser's identity and failed to raise the issue earlier.
Court Disposition
Suit withdrawn with liberty to refile, no order as to costs.
Orders
- Suit marked withdrawn with liberty to refile
- No order as to costs
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM LAND CASE NO. 261 OF 2017 REHEMA NDOJE.......................................................................... 1st PLAINTIFF JOHN BEDSON NDOJE................................................................ 2nd PLAINTIFF VERSUS KCB BANK TANZANIA LIMITED................................................ 1st DEFENDANT YONO AUCTION MART & CO. LIMITED.....................................2nd DEFENDANT Date of the Ruling 01/12/2020 Date of the fast Order 07/10/2020 RULING I. MAIGE, J, 1) This matter was coming for hearing today. The Plaintiffs appeared through Zidadi Mikidadi, learned advocate and the Defendants through Lilian Mbene, advocate. 2) Mr. Zidadi prayed to withdraw the suit with leave to refile. The reason assigned being that, the purchaser, who is a necessary party in this case, has not been joined. 3) Miss Lilian did not object to the application save that she prayed for costs of defending the matter vyhi€t\ has been here for Quite a Iona time. 4) I have considered the submissions. I am satisfied with the reason for withdrawal of the suit with a liberty to refile. The facts in pleadings imply that the suit property has been sold to a third party. I agree with Mr. Zidadi, the purchaser is a necessary party without whom no decree capable of being executed can be issued. 5) The Counsel for the Defendants prayed for costs. I do not think that her client is entitled. I have two reasons. First, while the first Defendant admits in WSD that the suit property has been sold to a third party, he has, for the reason better known to herself, not disclosed the name of the purchaser. Two, this suit is here for more than three years and the Defendant has not raised the issue. 6) For the foregoing reasons therefore, I will grant the prayer without costs. As a result, the suit is hereby marked withdrawn with a liberty to refile without an order as to costs. JUDGE 01/12/2020 2