zacharia francis mbata vs crdb bank plc and 2 others 2022 tzhc 1173 29 april 2022

The present application is not similar to the previous withdrawn application and merely seeks extension of time to file revision; therefore, the preliminary objection is meritless and is overruled.

Source-derived case information.

Citation: zacharia francis mbata vs crdb bank plc and 2 others 2022 tzhc 1173 29 april 2022
Parties: Applicant: Zacharia Francis Mbata; 1st Respondent: CRDB Bank PLC; 2nd Respondent: Nkaya Company Limited; 3rd Respondent: Flotea Augustino Tarimo
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 29 April 2022
Procedural Posture: Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome: preliminary objection overruled
Legal Topics: Extension of Time, Withdrawal of Suit, Preliminary Objection
Source Language: english

Civil Procedure Land Law Extension of Time Withdrawal of Suit Preliminary Objection

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2

Parties

Zacharia Francis Mbata

Applicant

CRDB Bank PLC

1st Respondent

Nkaya Company Limited

2nd Respondent

Flotea Augustino Tarimo

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

1 Whether the application is incompetent for failure to comply with Order XXIII Rule 1 and 3 of the Civil Procedure Code regarding withdrawal of suit without leave to refile
2 Whether the present application is similar to the previous withdrawn application

Ratio Decidendi

The present application is not similar to the previous withdrawn application and merely seeks extension of time to file revision; therefore, the preliminary objection is meritless and is overruled.

Court Disposition

preliminary objection overruled

Orders

case to proceed on merit
costs to be in cause

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