adam na nduguze 2022 tzhclandd 12241 30 august 2022
The application was incompetent as it was initiated by Chamber Summons supported by an affidavit, contrary to the required form for review applications under Order XLII Rule 3 of the Civil Procedure Code.
Source-derived case information.
- Citation
- adam na nduguze 2022 tzhclandd 12241 30 august 2022
- Parties
- Applicant: Adam Na Nduguze; Respondent: Mohamed S. Mndeva
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 30 August 2022
- Procedural Posture
- Misc. Land Application / Ruling on Application for Review
- Outcome
- Application struck out as incompetent
- Legal Topics
- Review of Court Decisions, Procedural Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Adam Na Nduguze
Applicant
Mohamed S. Mndeva
Respondent
Procedural Posture
Misc. Land Application / Ruling on Application for Review
Legal Issues
- 1 Whether the application for review was properly instituted in accordance with the prescribed legal form
Ratio Decidendi
The application was incompetent as it was initiated by Chamber Summons supported by an affidavit, contrary to the required form for review applications under Order XLII Rule 3 of the Civil Procedure Code.
Court Disposition
Application struck out as incompetent
Orders
- Application struck out
- No order as to costs
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION) AT PAR ES SALAAM MISC. LAND APPLICATION NO.217 OF 2022 (Originating from Misc. Land Application No. 68 of2021, before Mwenegoha J, dated 30* November, 2021) ADAM NA NDUGUZE.................................................... APPLICANT VERSUS MOHAMED S. MNDEVA..................................... RESPONDENT RULING Date of Last Order: 09.06.2022 Date ofRuling: 30.08.2022 T. N. MWENEGOHA, J. This application came under Section 78 (1) (a) and (b) of the Civil Procedure Code, Cap 33 R. E. 2019. The applicant seeks a review of the decision of this court, entered in respect of Misc. Land Application No. 68 of 2021, decided by Mwenegoha J on the 30th November, 2021. The application was supported by the affidavit of Adam Said Mndewa. The same was heard by way of written submissions and both parties appeared in person. However, while composing this Ruling, I note an illegality that touches the tenability of the case at hand. It has come to my knowledge that, the instant application was preferred in a different form from what has been provided for by the law. The parties were ordered to address the matter and both complied with the order. i As I have explained herein above, the application at hand was initiated by Chamber Summons supported by an affidavit. This is contrary to Order XLII Rule 3 of the Civil Procedure Code, Cap 33 R. E. 2022. The said provision states as fol lows; - "The provisions as to the form ofpreferring appeal shall apply, mutatis mutandis, to applications for review". Basing on the above quoted provision of law, I find the instant application to be incompetent and I strike it out accordingly. No order as to costs. T. N.MWENEGOHA JUDGE 30/08/2022 2