shukrani mkaluka vs kangwina matinde 90 others 2023 tzhclandd 1 18 january 2023

shukrani mkaluka vs kangwina matinde 90 others 2023 tzhclandd 1 18 january 2023

The application was improperly filed under Order IX Rule 9 instead of Order VIIIC Rule 30 of the Civil Procedure Code, and was filed out of time; therefore, the court lacked jurisdiction to entertain it.

Citation
shukrani mkaluka vs kangwina matinde 90 others 2023 tzhclandd 1 18 january 2023
Parties
Applicant: Shukrani Mkaluka; Respondents: Kang'wina Matinde and 90 Others
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
18 January 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome
Application dismissed with costs
Legal Topics
Setting Aside Ex Parte Judgment, Restoration of Written Statement of Defence, Limitation Period, Jurisdiction
Source Language
English
Civil Procedure Land Law Setting Aside Ex Parte Judgment Restoration of Written Statement of Defence Limitation Period Jurisdiction

Case Brief

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Parties

Shukrani Mkaluka

Applicant

Kang'wina Matinde and 90 Others

Respondents

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application to set aside ex-parte judgment was properly filed under the correct provision of law
  2. 2 Whether the application was filed within the prescribed time limit

Ratio Decidendi

The application was improperly filed under Order IX Rule 9 instead of Order VIIIC Rule 30 of the Civil Procedure Code, and was filed out of time; therefore, the court lacked jurisdiction to entertain it.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicant to pay costs