sabri muslim karim formerly known as sabri ally saad 2 others vs muslim shivji karim another 2023 tzhc 23497 30 november 2023

sabri muslim karim formerly known as sabri ally saad 2 others vs muslim shivji karim another 2023 tzhc 23497 30 november 2023

Only parties to the original proceedings have locus standi to apply for review or for extension of time to seek review under Order XLII Rule 1 of the Civil Procedure Code. The 1st applicant, not being a party to the original suit, is incompetent to bring this application.

Citation
sabri muslim karim formerly known as sabri ally saad 2 others vs muslim shivji karim another 2023 tzhc 23497 30 november 2023
Parties
1st Applicant: Sabri Muslim Karim (Formerly known as Sabri Ally Saad); 2nd Applicant: Property Investments Limited; 3rd Applicant: Prime Properties (T) Limited; 1st Respondent: Muslim Shivji Karim; 2nd Respondent: HBL Bank (UK) Ltd (Formerly known as Habibsons Bank Limited)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 November 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Review of Judgment, Locus Standi, Preliminary Objection
Source Language
English
Civil Procedure Extension of Time Review of Judgment Locus Standi Preliminary Objection

Case Brief

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Parties

Sabri Muslim Karim (Formerly known as Sabri Ally Saad)

1st Applicant

Property Investments Limited

2nd Applicant

Prime Properties (T) Limited

3rd Applicant

Muslim Shivji Karim

1st Respondent

HBL Bank (UK) Ltd (Formerly known as Habibsons Bank Limited)

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether a person who was not a party to the original suit has locus standi to apply for extension of time to seek review of a consent decree

Ratio Decidendi

Only parties to the original proceedings have locus standi to apply for review or for extension of time to seek review under Order XLII Rule 1 of the Civil Procedure Code. The 1st applicant, not being a party to the original suit, is incompetent to bring this application.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs for being incompetent.