daniel haji mayuya vs werons micro credit limited 2023 tzhc 22368 1 november 2023

daniel haji mayuya vs werons micro credit limited 2023 tzhc 22368 1 november 2023

Given the nature and circumstances of the application, the court broker is a necessary party. Failure to join the court broker renders the application incompetent. The preliminary objection is sustained and the application is struck out.

Citation
daniel haji mayuya vs werons micro credit limited 2023 tzhc 22368 1 november 2023
Parties
Applicant: Daniel Haji Mayuya; Respondent: Werons Micro Credit Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 November 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out for incompetence due to non-joinder of a necessary party.
Legal Topics
Extension of Time, Revision, Execution of Decrees, Joinder of Necessary Parties, Preliminary Objection
Source Language
English
Civil Procedure Extension of Time Revision Execution of Decrees Joinder of Necessary Parties Preliminary Objection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Daniel Haji Mayuya

Applicant

Werons Micro Credit Limited

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the court broker is a necessary party to the application for extension of time to file for revision against execution order
  2. 2 Whether failure to join the court broker renders the application incompetent

Ratio Decidendi

Given the nature and circumstances of the application, the court broker is a necessary party. Failure to join the court broker renders the application incompetent. The preliminary objection is sustained and the application is struck out.

Court Disposition

Application struck out for incompetence due to non-joinder of a necessary party.

Orders

  • Application is struck out.
  • No order as to costs.