sarafina mbinge vs salehe juma gadau 7 others 2023 tzhclandd 17227 12 december 2023

sarafina mbinge vs salehe juma gadau 7 others 2023 tzhclandd 17227 12 december 2023

The application was filed out of time, exceeding the statutory thirty-day limit, and no leave was sought or obtained to file out of time; therefore, the application must be dismissed.

Citation
sarafina mbinge vs salehe juma gadau 7 others 2023 tzhclandd 17227 12 december 2023
Parties
Applicant: Sarafina Mbinge; 1st Respondent: Salehe Juma Gadau; 2nd Respondent: Eli Nami Wilson Moshi; 3rd Respondent: Said Mruma; 4th Respondent: Sifa Mwakibinga; 5th Respondent: John Sanga; 6th Respondent: Joseph Sechemi; 7th Respondent: Paulina Seveline; 8th Respondent: Board of Trustees of Pentecoste Church
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
12 December 2023
Procedural Posture
Land Review / Ruling on Preliminary Objections
Outcome
Application dismissed with costs
Legal Topics
Limitation of Time, Review Applications, Attachment of Court Documents
Source Language
English
Civil Procedure Land Law Limitation of Time Review Applications Attachment of Court Documents

Case Brief

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Parties

Sarafina Mbinge

Applicant

Salehe Juma Gadau

1st Respondent

Eli Nami Wilson Moshi

2nd Respondent

Said Mruma

3rd Respondent

Sifa Mwakibinga

4th Respondent

John Sanga

5th Respondent

Joseph Sechemi

6th Respondent

Paulina Seveline

7th Respondent

Board of Trustees of Pentecoste Church

8th Respondent

Procedural Posture

Land Review / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application for review was filed out of time
  2. 2 Whether failure to attach copy of ruling to the memorandum of review is fatal

Ratio Decidendi

The application was filed out of time, exceeding the statutory thirty-day limit, and no leave was sought or obtained to file out of time; therefore, the application must be dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed for being filed out of time
  • Costs awarded to respondents