LAND REVISION NO

LAND REVISION NO

The application is defective as it includes applicants who are not parties to the execution proceedings, and the High Court cannot revise orders not made by the lower tribunal. The respondent was entitled to execute the order as it was made while the respondent was still in existence. The first preliminary objection is upheld, and the application is struck out with costs.

Citation
LAND REVISION NO
Parties
Applicant: Deusdedith Paschal Chugga; Applicant: Paul Manyilika; Applicant: Lawrence George Kasalile; Applicant: Hemed Rashid Ally; Applicant: Mfaume Athuman; Respondent: Morfarm
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Land Revision / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Revision, Execution of Decree, Preliminary Objection, Joinder of Parties, Costs
Source Language
English
Land Law Civil Procedure Revision Execution of Decree Preliminary Objection Joinder of Parties Costs

Case Brief

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Parties

Deusdedith Paschal Chugga

Applicant

Paul Manyilika

Applicant

Lawrence George Kasalile

Applicant

Hemed Rashid Ally

Applicant

Mfaume Athuman

Applicant

Morfarm

Respondent

Procedural Posture

Land Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is defective for including applicants who are not parties to the execution proceedings
  2. 2 Whether the application is maintainable given the respondent's deregistration
  3. 3 Whether the High Court can revise orders not made by the lower tribunal

Ratio Decidendi

The application is defective as it includes applicants who are not parties to the execution proceedings, and the High Court cannot revise orders not made by the lower tribunal. The respondent was entitled to execute the order as it was made while the respondent was still in existence. The first preliminary objection is upheld, and the application is struck out with costs.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs.