20160530 TZHC Dodoma

The District Court rightly held it had no jurisdiction to hear the revision application; the appellant's failure to file written submissions warranted dismissal of the appeal.

Citation: 20160530 TZHC Dodoma
Parties: Appellant: Daniel Lemabi; Respondent: Philimon Mbedegalo
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 30 May 2016
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal dismissed with costs
Legal Topics: Revision, Jurisdiction, Execution of Judgment, Mortgage, Loan Default
Source Language: English

Civil Procedure Revision Jurisdiction Execution of Judgment Mortgage Loan Default

Case Brief

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Parties

Daniel Lemabi

Appellant

Philimon Mbedegalo

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the District Court had jurisdiction to entertain Misc Application No. 1 of 2013 for revision
2 Whether the District Court erred in deciding a matter not before it
3 Whether the procedure for selling the appellant's house was properly addressed

Ratio Decidendi

The District Court rightly held it had no jurisdiction to hear the revision application; the appellant's failure to file written submissions warranted dismissal of the appeal.

Court Disposition

appeal dismissed with costs

Orders

Appeal dismissed with costs.
Right of appeal to the Court of Appeal of Tanzania explained.