20011219 TZHC Arusha

20011219 TZHC Arusha

The application was incompetent as an appeal was the proper remedy, and the applicant's affidavit was defective for not stating the grounds of belief or sources of information, rendering the application unsustainable.

Citation
20011219 TZHC Arusha
Parties
Applicant: Emmanuel Shuma; Respondent: Mr. Mwaluko
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 December 2001
Procedural Posture
Miscellaneous Civil Revision / Ruling on Preliminary Objections
Outcome
Application struck out with costs
Legal Topics
Revision Vs. Appeal, Affidavit Defects, Probate Proceedings
Source Language
English
Civil Procedure Probate and Administration Revision Vs. Appeal Affidavit Defects Probate Proceedings

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 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Emmanuel Shuma

Applicant

Mr. Mwaluko

Respondent

Procedural Posture

Miscellaneous Civil Revision / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application for revision was competent in light of the availability of an appeal
  2. 2 Whether the applicant's affidavit was defective for failure to state grounds of belief

Ratio Decidendi

The application was incompetent as an appeal was the proper remedy, and the applicant's affidavit was defective for not stating the grounds of belief or sources of information, rendering the application unsustainable.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs.