deus chilura vs omari bakari 1987 tzca 30 20 august 1987

deus chilura vs omari bakari 1987 tzca 30 20 august 1987

Appellant cannot succeed as the alleged owner was not made a defendant; litigation has gone on long enough and no relief is granted for filing a fresh suit.

Citation
deus chilura vs omari bakari 1987 tzca 30 20 august 1987
Parties
Appellant: D B tn Chirula; Respondent: Omari B'Vka R I
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 August 1987
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Possession, Joinder of Parties, Limitation Period
Source Language
English
Civil Procedure Possession Joinder of Parties Limitation Period

Case Brief

Summary, issues, holding and outcome

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Parties

D B tn Chirula

Appellant

Omari B'Vka R I

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether appellant can obtain order for delivery of possession without alleged owner being made defendant
  2. 2 Whether appellant is entitled to relief to file a fresh suit

Ratio Decidendi

Appellant cannot succeed as the alleged owner was not made a defendant; litigation has gone on long enough and no relief is granted for filing a fresh suit.

Court Disposition

appeal dismissed

Orders

  • no order for costs
  • no order concerning relief