Sesa John Shimba vs Osward Tingo
- Citation
- Sesa John Shimba vs Osward Tingo
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TANZLII
- Decision
- 19 August 2024
- Posture
- Miscellaneous Civil Application / Ruling on Application for Re Admission
- Language
- English
More details
- Court
- TANZLII
- Decision
- 19 August 2024
- Posture
- Miscellaneous Civil Application / Ruling on Application for Re Admission
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The application was struck out because the underlying matter (Land Revision No. 1 of 2019) no longer existed, having been withdrawn, making the application for re-admission and joinder baseless.
Court disposition
Application struck out
Orders
- The application is struck out of the register with no order as to costs.
02
Material facts
Parties
Sesajohn Shimba
ApplicantOsward Tingo
Respondent03
Procedural history
Posture
Miscellaneous Civil Application / Ruling on Application for Re Admission
04
Questions and positions
Legal issues
- 01
Whether the applicant's application for re-admission of Misc. Land Application No. 09 of 2021 is maintainable
- 02
Whether there exists a substantive matter (Land Revision No. 1 of 2019) into which the applicant can be joined
Party arguments
- Applicant
- The applicant sought re-admission of Misc. Land Application No. 09 of 2021, claiming inability to attend due to being in police custody and asserting potential prejudice as administrator and beneficiary of the estate of the late Bushini Gidaha if the application is not granted.
- Respondent
- The respondent raised a preliminary objection in the original Land Revision No. 1 of 2019, which led to its withdrawal; no further substantive argument recorded in this application.
05
Court’s reasoning
Legal principles
- 01
General principles of civil procedure
A party cannot be joined to a non-existent suit or proceeding.
- 02
Civil Procedure Code, Cap 33 R.E 2019
Court cannot grant relief in respect of a withdrawn or non-existent matter.
06
Ratio, limits and disposition
Ratio decidendi
The application was struck out because the underlying matter (Land Revision No. 1 of 2019) no longer existed, having been withdrawn, making the application for re-admission and joinder baseless.
Obiter and limits
- Applicant was advised to seek legal aid as the application had no basis and was a waste of court's time.
Court disposition
Application struck out
- The application is struck out of the register with no order as to costs.
Source and reliance status
TANZLII · 19 August 2024
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TANZLII
Judgment· 19 August 2024
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (SUMBAWANGA DISTRICT REGISTRY)
AT SUMBAWANGA MISC. CIVIL APPLICATION NO. 05 OF 2022 (Originating from Misc. Land Application No. 09 of 2021 HighCourt of Tanzania at Sumbawanga) SESAJOHN SHIMBA ..... ■■ M11?APPLICANT w-
VERSUS OSWARD TINGO .... RESPONDENT
RULING 23/07/2024 81 19/08/2024 MWENEMPAZI, J In this application; the applicant is applying for an order re-admitting Miscellaneous Land Application No. 09 of 2021. He is also applying for any other relief this court may deem fit and proper to grant. The application has been made under section 95 of the Civil Procedure Code, [Cap 33 R.E 2019]. In the affidavit, the applicant has stated that he filed an application, Misc. 1 Land Application No. 09 of 2021 where in he was applying to be joined as a party in Land Revision No. 1 of 2019. The same was dismissed for want of prosecution. On the material date he could not attend because he was in the police custody commencing from 29/11/2021. When he came out, he was informed that the case is scheduled for hearing dn 29/03/2022. When he attended, he found that the case had been dismissed for non - appearance on 28/03/2022. Basically th^applic^ is jny|dministrator of the estate of Bushini Gidaha. He has/stated that ifthe application is not granted, he stands to suffer as an administratoband-beneficiary of the estate of the late BUSHINI GIDAHA. . ’ According to the record, Land Revision No 1 of 2019 was withdraw by the applicant, then, the said Bikini Gidaha who was the applicant and Osward Tingo was the respondent. He never filed any application again. Legally speaking the application the applicant is applying to be joined into,
Land Revision No. 1 of 2019 is non existent; as the said Land Revision No. 1 of 2019 was withdrawn upon conceding to the preliminary objection raised by the respondent. 2 When this application came for hearing on the 23/07/2024, the applicant seemed not to understand what he was looking for. I advised him to consult lawyers for legal aid as it is obvious he was wasting his precious time in court for application with no basis. ■v. ■ Since he could not make an informed decision, I have decided to strike out this application from the Register of the court. Therefore, the application is struck out of the register with no order as to costs. Dated and signed at Sumbawanga this 19th day of August, 2024. »;.* y. *«S99Bx
MWENEMPAZI
JUDGE 3
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.