evans frank vs safi msafiri mtumbi mama simba 2022 tzhclandd 12403 11 october 2022

evans frank vs safi msafiri mtumbi mama simba 2022 tzhclandd 12403 11 october 2022

The application was brought under a wrong provision of law; the proper remedy is to strike it out, not to allow amendment.

Citation
evans frank vs safi msafiri mtumbi mama simba 2022 tzhclandd 12403 11 october 2022
Parties
Applicant/decree Holder: Evans Frank; Respondent/judgment Debtor: Safi Msafiri Mtumbi @ Mama Simba
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
11 October 2022
Procedural Posture
Execution Application / Ruling on Preliminary Objection
Outcome
application struck out
Legal Topics
Execution of Decree, Preliminary Objection, Competency of Application
Source Language
English
Civil Procedure Land Law Execution of Decree Preliminary Objection Competency of Application

Case Brief

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Parties

Evans Frank

Applicant/decree Holder

Safi Msafiri Mtumbi @ Mama Simba

Respondent/judgment Debtor

Procedural Posture

Execution Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the execution application was brought under a non-existing law
  2. 2 Whether the application can be amended or must be struck out

Ratio Decidendi

The application was brought under a wrong provision of law; the proper remedy is to strike it out, not to allow amendment.

Court Disposition

application struck out

Orders

  • application struck out with no order as to costs