SIMON MBOJE VS HAMISI

The application is incompetent because it improperly joined parties (1st and 2nd respondents) who were not parties to the original suit, contrary to established legal principles.

Citation: SIMON MBOJE VS HAMISI
Parties: Applicant: Simon Mboje; 1st Respondent: Hamis Said @ Tshombe Abwao; 2nd Respondent: Malick Nassoro (administrator of the estate of the late Nassoro Gwama); 3rd Respondent: Ester Tirugenda (administrator of the estate of the late Gerald Tirugenda)
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2000
Procedural Posture: Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome: Application struck out as incompetent
Legal Topics: Joinder of Parties, Extension of Time, Competence of Application
Source Language: English

Civil Procedure Joinder of Parties Extension of Time Competence of Application

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Parties

Simon Mboje

Applicant

Hamis Said @ Tshombe Abwao

1st Respondent

Malick Nassoro (administrator of the estate of the late Nassoro Gwama)

2nd Respondent

Ester Tirugenda (administrator of the estate of the late Gerald Tirugenda)

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

1 Whether the application is incompetent for joining parties who were not parties to the original suit
2 Whether the application for extension of time is properly before the court

Ratio Decidendi

The application is incompetent because it improperly joined parties (1st and 2nd respondents) who were not parties to the original suit, contrary to established legal principles.

Court Disposition

Application struck out as incompetent

Orders

Application struck out
No order as to costs