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
Summary, issues, holding and outcome
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Parties
Chiku Athuman Abdallah
Appellant
Emmanuel Funga
Respondent
Athumani Abdallah
Respondent
Procedural Posture
PC Civil Appeal / Judgment
Legal Issues
- 1 Whether the appellant was entitled to seek revision before the District Court without first filing objection proceedings in the trial court
- 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.
Full Case Text
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