abdallah hassan vs marisel makamba 2018 tzhc 2573 13 march 2018

abdallah hassan vs marisel makamba 2018 tzhc 2573 13 march 2018

The application was struck out as incurably incompetent due to non-citation of the proper enabling provision, citation of a non-existing law, and the availability of an alternative remedy (objection proceedings).

Citation
abdallah hassan vs marisel makamba 2018 tzhc 2573 13 march 2018
Parties
Applicant: Abdallah Hassan; Respondent: Marisel Makamba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 March 2018
Procedural Posture
Land Revision / Ruling on Preliminary Objection
Outcome
Application struck out as incompetent
Legal Topics
Revision Proceedings, Citation of Enabling Provisions, Alternative Remedies, Execution of Decrees
Source Language
English
Land Law Civil Procedure Revision Proceedings Citation of Enabling Provisions Alternative Remedies Execution of Decrees

Case Brief

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Parties

Abdallah Hassan

Applicant

Marisel Makamba

Respondent

Procedural Posture

Land Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is incompetent for non-citation of proper and enabling provision of law
  2. 2 Whether the application is incompetent for being brought under a non-existing legislation
  3. 3 Whether revision is available where objection proceedings are an alternative remedy

Ratio Decidendi

The application was struck out as incurably incompetent due to non-citation of the proper enabling provision, citation of a non-existing law, and the availability of an alternative remedy (objection proceedings).

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out
  • Respondent awarded costs