20161122 TZHC Dodoma
The application was improperly before the High Court for failure to cite and comply with the appropriate legal provision, namely Regulation 25(1) of the Land Disputes Courts Regulations.
- Citation
- 20161122 TZHC Dodoma
- Parties
- Applicant: Sharif Al Dan Mohamed; Respondent: Godfrey Massam Makey; Respondent: Another
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 22 November 2016
- Procedural Posture
- Miscellaneous Land Case Application / Ruling on Preliminary Objection
- Outcome
- Application struck out with costs
- Legal Topics
- Stay of Execution, Jurisdiction, Application of Procedural Law
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Sharif Al Dan Mohamed
Applicant
Godfrey Massam Makey
Respondent
Another
Respondent
Procedural Posture
Miscellaneous Land Case Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application for stay of execution was filed under the correct legal provision
- 2 Whether the High Court has jurisdiction to entertain the application
Ratio Decidendi
The application was improperly before the High Court for failure to cite and comply with the appropriate legal provision, namely Regulation 25(1) of the Land Disputes Courts Regulations.
Court Disposition
Application struck out with costs
Orders
- Application struck out
- Costs awarded to respondents
Full Case Text
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