20150720 TZHC Dar es Salaam
The existence of pending proceedings in the Court of Appeal concerning the same subject matter renders the Resident Magistrate's Court's orders improper; therefore, those orders must be quashed and set aside.
- Citation
- 20150720 TZHC Dar es Salaam
- Parties
- Applicant: Shirwa Company Ltd; 1st Respondent: Abu Abdulbazak; 2nd Respondent: Temeke Municipal Council
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 20 July 2015
- Procedural Posture
- Civil Revision / Ruling
- Outcome
- Application granted
- Legal Topics
- Revision, Quashing Orders, Court of Appeal Proceedings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Shirwa Company Ltd
Applicant
Abu Abdulbazak
1st Respondent
Temeke Municipal Council
2nd Respondent
Procedural Posture
Civil Revision / Ruling
Legal Issues
- 1 Whether the orders and decisions of the Resident Magistrate's Court should be revised and set aside due to pending proceedings in the Court of Appeal
Ratio Decidendi
The existence of pending proceedings in the Court of Appeal concerning the same subject matter renders the Resident Magistrate's Court's orders improper; therefore, those orders must be quashed and set aside.
Court Disposition
Application granted
Orders
- Decisions and orders of the Resident Magistrate's Court in RM Civil Case No. 407 of 1995 and 113/1996 are quashed and set aside
- Costs awarded to the Applicant
Full Case Text
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