19981202 TZHC Dar es Salaam

19981202 TZHC Dar es Salaam

The plaintiffs' failure to reply to preliminary objections justified striking out the suit and awarding costs to the defendants; in the second case, the plaintiff's withdrawal of the suit warranted awarding costs to the first defendant.

Citation
19981202 TZHC Dar es Salaam
Parties
Plaintiffs: Hamisi Abdallah and 7 Others; Defendant: Nicodemus Waya; Defendant: Osward Damian Mlay; Plaintiff: Turabali G. Abdulrasul; Defendant: National Housing Corporation; Defendant: Dar es Salaam City Council
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 December 1998
Procedural Posture
Civil / Ruling on Preliminary Objections and Withdrawal of Suit
Outcome
First suit struck out with costs to defendants; second suit withdrawn with costs to first defendant, second defendant may pursue costs separately.
Legal Topics
Preliminary Objection, Withdrawal of Suit, Costs
Source Language
English
Civil Procedure Preliminary Objection Withdrawal of Suit Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Hamisi Abdallah and 7 Others

Plaintiffs

Nicodemus Waya

Defendant

Osward Damian Mlay

Defendant

Turabali G. Abdulrasul

Plaintiff

National Housing Corporation

Defendant

Dar es Salaam City Council

Defendant

Procedural Posture

Civil / Ruling on Preliminary Objections and Withdrawal of Suit

Legal Issues

  1. 1 Whether the plaintiffs' suit should be struck out for failure to reply to preliminary objections
  2. 2 Whether the plaintiff may withdraw the suit with costs

Ratio Decidendi

The plaintiffs' failure to reply to preliminary objections justified striking out the suit and awarding costs to the defendants; in the second case, the plaintiff's withdrawal of the suit warranted awarding costs to the first defendant.

Court Disposition

First suit struck out with costs to defendants; second suit withdrawn with costs to first defendant, second defendant may pursue costs separately.

Orders

  • Suit in Civil Case No. 153 of 1996 struck out; plaintiffs to pay costs to defendants.
  • Suit in Civil Case No. 172 of 1996 withdrawn; costs awarded to first defendant; second defendant may raise issue of costs with plaintiff.