Tanzania Case Law

ATTORNEY GENERAL FINAL

Court

TANZLII

The Plaintiff demonstrated sufficient grounds for withdrawal under Order XXIII Rule 1(2)(b) of the Civil Procedure Code. The failure to effect service within the time directed does not override the Plaintiff's right to withdraw the suit in the peculiar circumstances of this case. The application to strike out the suit is overtaken by events and lacks merit in light of the Plaintiff’s prior and substantiated prayer.

Source excerpt

• Withdrawal of suit
• Service of summons
• Striking out of suit

Read case analysis

GILBERT KINYAHA SCANNED

Court

TANZLII

The High Court’s Land Division allowed the plaintiffs to withdraw their suit with leave to refile after they said a necessary party, the Registrar of Title, needed to be joined.

• Withdrawal of suit
• Joinder of parties
• Costs
• Procedural error
• Withdrawal-of-suit
• Joinder-of-parties

Read case analysis

SAIDI MASOUDY

Court

TANZLII

The suit is withdrawn with leave to refile because the issue of competence, specifically the disclosure of parties, was raised by the court suo motu, and the law requires proper disclosure for a competent suit.

Source excerpt

• Competence of suit
• Party disclosure
• Withdrawal of suit

Read case analysis

MISC

Court

TANZLII

The High Court at Musoma granted an ex-parte application to remit the full court filing fee for a refiled land case after the earlier paid case was withdrawn.

• Court fees
• Exemption from fees
• Withdrawal of suit
• Court-fees
• Fee-remission
• Withdrawal-of-suit

Read case analysis

KUNDUNGI LOONDUTUNY EDITED 2222

Court

TANZLII

The High Court set aside a tribunal execution order made after a suit had been withdrawn, holding there was no executable decree and revision was proper.

• Execution of decrees
• Revision jurisdiction
• Limitation period
• Withdrawal of suit
• Land-law
• Civil-procedure

Read case analysis

KUNDUNG LOONDUTUNY EDITED 222222

Court

TANZLII

The tribunal's execution order was a nullity as it was based on a non-existent decree or order, and the exceptional circumstances justified the applicant's use of revision jurisdiction.

Source excerpt

• Execution of decrees
• Revision jurisdiction
• Limitation periods
• Withdrawal of suit
• Out of court settlement

Read case analysis

Sesa John Shimba vs Osward Tingo

Court

TANZLII

The High Court struck out an application for re-admission of a dismissed land matter, holding the underlying revision no longer existed after withdrawal.

• Re-admission of dismissed application
• Joinder of parties
• Withdrawal of suit
• Civil-procedure
• Joinder-of-parties
• Dismissal-for-want-of-prosecution

Read case analysis

CONSOLIDATED LAND CASE NO

Court

TANZLII

Since the current claim involves alleged recent acts of trespass and potentially different parties or facts, and ascertaining these facts requires evidence, the preliminary objection does not raise a pure point of law and is therefore overruled.

Source excerpt

• Withdrawal of suit
• Jurisdiction
• Trespass to land

Read case analysis

MISC

Court

TANZLII

The applicant is entitled to withdraw the application with leave to re-file because the omission to plead late supply of certified copies constitutes a formal defect, and granting leave will not prejudice the respondent.

Source excerpt

• Withdrawal of suit
• Leave to re-file
• Extension of time
• Formal defects in pleadings

Read case analysis

Land Case No

Court

TANZLII

The withdrawal was sought promptly and without evidence of undue hardship or substantial expenses incurred by the defendants; therefore, the suit is withdrawn without an order as to costs.

Source excerpt

• Withdrawal of suit
• Costs on withdrawal

Read case analysis