RIDHUAN RULING scanned

RIDHUAN RULING scanned

Filing an application for extension of time to file revision while similar proceedings are pending before the District Tribunal constitutes abuse of court process; courts must prevent improper use of their procedures.

Source-derived case information.

Citation
RIDHUAN RULING scanned
Parties
Applicant: Ridhuan Abdarahmani Mringo; 1st Respondent: Dr Clemence Kalugendo; 2nd Respondent: Peter Andrew Athumani
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Abuse of Court Process, Preliminary Objection
Source Language
english
Civil Procedure Land Law Extension of Time Abuse of Court Process Preliminary Objection

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Parties

Ridhuan Abdarahmani Mringo

Applicant

Dr Clemence Kalugendo

1st Respondent

Peter Andrew Athumani

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

  1. 1 Whether the application for extension of time constitutes abuse of court process
  2. 2 Whether the preliminary objection is a pure point of law

Ratio Decidendi

Filing an application for extension of time to file revision while similar proceedings are pending before the District Tribunal constitutes abuse of court process; courts must prevent improper use of their procedures.

Court Disposition

Application struck out with costs

Orders

  • The entire application is struck out with costs