20150715 TZHC Dar es Salaam

I 1 IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM MISC. CIVIL APPLICATION NO. 24 OF 2013 Original District Court of Kinondoni Muzava Rm. ATHUMANI HAMID MZUZULI ............... APPLICANT V ., ZEYANA RASHID ............................. RESPONDENT JUDGMENT Date of last Order 18/5/2015 Date of Judgment 15/7/2015 Shangwa, J. This is an application for revision of the order for division of the matrimonial house between the parties which was delivered by the District Court of Kinondoni Muzava, Rm on 25 th August 2011 in Matrimonial cause NO 40 of 2010. --- 2 The Applicant herein is r~_questing-for·twOthings. - - -- --- - -------- - ----------First,-· he wants this Court to order that as the ------ - --- -- ------ - - --------------- Respondent has_ not -contribi.ifed- anything towards -----· ----------·- the acquisition of the matrimonial house and as she has deserted the matrimonial home, she_ is not entitled to any share in the matrimonial house. Second, he wants this Court to order that the matrimonial house be given to the issues of the marriage for their welfare and future well being. It appears that the Applicant was not satisfied with the decision of the District Court of Kinondoni dated 25 th August, 2011 in Matrimonial cause NO 40 of 2010. The record shows that the Applicant filed an appeal to this Court against the said decision. His appeal was registered as Civil Appeal NO 127 of 2011. - 3 However, on 14_th l\1ay, 2013, Madame U. Msuya, J struck it out on grounds that it was improper before this Court because she was of the idea that the matter had to be brought as a revision and not as an appeal. Acting on her idea, the Applicant filed this application for revision. 11111111:- IIIIIIIW Personally, I am of a different idea from that ofmy learned sister U. _ Msuya, J. My idea is that the Applicant is supposed to file an application in the trial Court for review of its decision rather than filing an appeal or an application in this Court for determination as it was done by him. Therefore, I advise the Applicant to file an application for review of the decision in issue in the same Court which passed it. As a matter of fact, there is nothing I 1 • 4 unlawful in the decision of the District Court of Kinondoni dated 25 th August, 2011 in Matrimonial cause NO 40 of 2010 for being revised by this Court. For these reasons, I hereby dismiss · this application. Each party to bear its own costs. A.Shangwa JUDGE 15/7/2015 Chundu for Respondent and in the presence of the Applicant this 15th day of July, 2015. A.Shangwa JUDGE 15/7/2015 .l