20151214 TZHC Dodoma

20151214 TZHC Dodoma

The appellant was required by law to file objection proceedings before the trial court prior to seeking revision; failure to exhaust this remedy rendered the revision application and appeal misconceived and without merit.

Citation
20151214 TZHC Dodoma
Parties
Appellant: Chiku Athuman Abdallah; Respondent: Emmanuel Funga; Respondent: Athumani Abdallah
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 December 2015
Procedural Posture
PC Civil Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Revision Proceedings, Attachment of Property, Objection Proceedings
Source Language
English

Case Brief

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Parties

Chiku Athuman Abdallah

Appellant

Emmanuel Funga

Respondent

Athumani Abdallah

Respondent

Procedural Posture

PC Civil Appeal / Judgment

  1. 1 Whether the appellant was entitled to seek revision before the District Court without first filing objection proceedings in the trial court
  2. 2 Whether the attachment of the house was erroneous and required intervention

Ratio Decidendi

The appellant was required by law to file objection proceedings before the trial court prior to seeking revision; failure to exhaust this remedy rendered the revision application and appeal misconceived and without merit.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Right of appeal explained.