balozi abubakar ibrahim another vs ms benandys ltd others 2015 tzca 5 30 october 2015

balozi abubakar ibrahim another vs ms benandys ltd others 2015 tzca 5 30 october 2015

The Court of Appeal has jurisdiction to revise High Court proceedings where the right of appeal has been blocked by judicial process. The High Court erred in striking out the applicants' application for extension of time to apply for review, and the execution and sale of the applicants' property were conducted in violation of mandatory legal provisions, rendering the sale void ab initio.

Citation
balozi abubakar ibrahim another vs ms benandys ltd others 2015 tzca 5 30 october 2015
Parties
Applicant: Balozi Abubakari Ibrahim; Applicant: Bibi Sophia Ibrahim; Respondent: MS Benandys Limited; Respondent: Joshua E. Mwaituka t/a Rhino Auction Mart; Respondent: Jehangir Aziz Abdulrasul
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 October 2015
Procedural Posture
Civil Revision / Ruling
Outcome
revision allowed
Legal Topics
Execution of Decrees, Attachment and Sale of Immovable Property, Revision Jurisdiction, Stay of Execution, Procedural Irregularities
Source Language
English
Civil Procedure Land Law Execution of Decrees Attachment and Sale of Immovable Property Revision Jurisdiction Stay of Execution Procedural Irregularities

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Parties

Balozi Abubakari Ibrahim

Applicant

Bibi Sophia Ibrahim

Applicant

MS Benandys Limited

Respondent

Joshua E. Mwaituka t/a Rhino Auction Mart

Respondent

Jehangir Aziz Abdulrasul

Respondent

Procedural Posture

Civil Revision / Ruling

Legal Issues

  1. 1 Whether the High Court proceedings and execution were marred by irregularities and illegalities justifying revision
  2. 2 Whether the applicants' right of appeal was blocked by judicial process
  3. 3 Whether the sale of applicants' property was void due to procedural violations

Ratio Decidendi

The Court of Appeal has jurisdiction to revise High Court proceedings where the right of appeal has been blocked by judicial process. The High Court erred in striking out the applicants' application for extension of time to apply for review, and the execution and sale of the applicants' property were conducted in violation of mandatory legal provisions, rendering the sale void ab initio.

Court Disposition

revision allowed

Orders

  • High Court ruling in Misc. Civil Application No. 83 of 2014 quashed and set aside; application restored for hearing before another judge
  • Sale of applicants' house on Plot No. 62 Msasani area set aside; 3rd respondent to be refunded purchase price