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Tanzania Judgment

TANZLII

Sesa John Shimba vs Osward Tingo

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Professional case brief

Research organized from the available case record

Source document

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application was struck out because the underlying matter (Land Revision No. 1 of 2019) no longer existed, having been withdrawn, making the application for re-admission and joinder baseless.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

Applicant

Osward Tingo

Respondent

03

Procedural history

  1. Posture

    Miscellaneous Civil Application / Ruling on Application for Re Admission

04

Questions and positions

Legal issues

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

  1. 01

    General principles of civil procedure

    A party cannot be joined to a non-existent suit or proceeding.

  2. 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    Court cannot grant relief in respect of a withdrawn or non-existent matter.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application was struck out because the underlying matter (Land Revision No. 1 of 2019) no longer existed, having been withdrawn, making the application for re-admission and joinder baseless.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

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Judgment reading view

Judgment text

The complete available source text.

Source document

TANZLII

Judgment· 19 August 2024

Sesa John Shimba vs Osward Tingo

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

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Civil Procedure Code, Cap 33 R.E 2019

Legislation

Legislation referenced in the available case record.

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