sameer mohamed vs sophia bakari imonje others 2020 tzhclandd 3858 25 november 2020

sameer mohamed vs sophia bakari imonje others 2020 tzhclandd 3858 25 november 2020

The suit is withdrawn with liberty to refile, but costs are awarded to the defendants as there are no peculiar circumstances to deny costs.

Citation
sameer mohamed vs sophia bakari imonje others 2020 tzhclandd 3858 25 november 2020
Parties
Plaintiff: Sameer Mohamed; 1st Defendant: Sophia Bakari Imonje; 2nd Defendant: Jackson Barikiel Ulotu; 3rd Defendant: Sami George Mahenge; 4th Defendant: Wakubemba Bakari Busolo; 5th Defendant: Bakari Athuman Ndolwa; 6th Defendant: Mariam Kondo Mahenge; 7th Defendant: Selemani Kondo Mahenge
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
25 November 2020
Procedural Posture
Land Case / Ruling on Withdrawal Application
Outcome
Suit withdrawn with liberty to refile, subject to limitation law. Costs awarded to defendants.
Legal Topics
Withdrawal of Suit, Costs, Limitation of Actions
Source Language
English
Civil Procedure Land Law Withdrawal of Suit Costs Limitation of Actions

Case Brief

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Parties

Sameer Mohamed

Plaintiff

Sophia Bakari Imonje

1st Defendant

Jackson Barikiel Ulotu

2nd Defendant

Sami George Mahenge

3rd Defendant

Wakubemba Bakari Busolo

4th Defendant

Bakari Athuman Ndolwa

5th Defendant

Mariam Kondo Mahenge

6th Defendant

Selemani Kondo Mahenge

7th Defendant

Procedural Posture

Land Case / Ruling on Withdrawal Application

Legal Issues

  1. 1 Whether the suit should be withdrawn with liberty to refile
  2. 2 Whether costs should be awarded to the defendants

Ratio Decidendi

The suit is withdrawn with liberty to refile, but costs are awarded to the defendants as there are no peculiar circumstances to deny costs.

Court Disposition

Suit withdrawn with liberty to refile, subject to limitation law. Costs awarded to defendants.

Orders

  • Suit marked withdrawn with liberty to refile
  • Defendants awarded costs