Misc
The High Court Land Division allowed the applicant to withdraw a land application at an early stage and made no order as to costs.
- Withdrawal of application
- Costs
- Court procedure
- Withdrawal-of-application
- Land-procedure
- Civil-procedure
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Ruling abbas mbega
A supplementary affidavit filed without leave of court after pleadings are closed is procedurally improper and must be expunged from the record. The preliminary objection qualifies as a pure point of law and is sustained.
Source excerpt
- Supplementary affidavit
- Leave of court
- Preliminary objection
- Court procedure
felix lendita vs michael longidu 2024 tzca 131 21 february 2024
The Court of Appeal overruled a preliminary objection, holding that the motion was for extension of time to file a second-bite application, not the second-bite application itself.
- Extension of time
- Preliminary objection
- Court procedure
- Extension-of-time
- Preliminary-objection
- Civil-procedure
monica apange vs juhudi james mahali 2024 tzhc 370 15 february 2024
The administration proceedings in the primary court were fundamentally flawed due to incomplete and improperly filled forms, lack of evidence regarding the will, and failure to distribute all estate assets to heirs. The closure of the administration cause did not preclude the High Court from intervening to correct these illegalities. The district court erred in dismissing the revision application without addressing these substantive defects.
Source excerpt
- Administration of estates
- Revision jurisdiction
- Validity of will
- Distribution of estate
- Functus officio
- Court procedure
allan daniel mhina vs hozza trading co limited 2024 tzhcld 12 15 february 2024
The High Court struck out a revision application because its supporting affidavit was attested by an advocate without a valid practicing certificate, but granted leave to refile within seven days.
- Affidavit validity
- Advocate practicing certificate
- Court procedure
- Affidavit-validity
- Advocate-practising-certificate
- Labor-procedure
VERONIKA SULEMAN NKYA VS DIAMOND BANK T LTD MISC
Applicant failed to substantiate the alleged accident with credible evidence; medical chit did not prove incapacity on hearing date; no police report or supporting affidavit from Court Clerk; absence not justified; restoration of dismissed application denied.
Source excerpt
- Restoration of dismissed application
- Non-appearance
- Court procedure
- Affidavit evidence
manjit gurmish sing another vs mariam seif matambo 2023 tzhclandd 17282 13 december 2023
The High Court Land Division dismissed an application to set aside a dismissal for non-appearance, finding the applicants had not shown sufficient cause.
- Restoration of dismissed application
- Non-appearance
- Sufficient cause
- Court procedure
- Civil-procedure
- Restoration-of-dismissed-application
alex msama mwita vs the commissioner for lands 3 others 2023 tzhclandd 17124 15 november 2023
The High Court refused extension of time to seek restoration of a dismissed land case, finding the applicant failed to show sufficient cause for delay.
- Extension of time
- Restoration of dismissed suit
- Sufficient cause for delay
- Non-appearance
- Court procedure
- Extension-of-time
hassain seif mtungakoa others v kuruthumu yusuph as administrator of the estate of the late sugra safari 2023 tzhclandd 17095 6 november 2023
The application for extension of time is incurably defective due to its improper title as a Taxation Reference and inconsistent filing dates. Such defects go to the root of the court record and cannot be cured by the overriding objective principle. The application is therefore struck out with costs, with liberty to refile subject to time limitation.
Source excerpt
- Extension of time
- Taxation reference
- Court procedure
- Defective pleadings
mustafa seif ngane 2 others vs the registrar of titles 2 others 2023 tzhclandd 16889 12 september 2023
The High Court Land Division struck out an application for enlargement of time because it repeated a prior affidavit defect and the court was functus officio.
- Extension of time
- Functus officio
- Affidavit requirements
- Court procedure
- Functus-officio
- Affidavit-requirements
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