fatuma a mohamed vs holo juma and 5 others 2014 tzhc 2027 26 march 2014

fatuma a mohamed vs holo juma and 5 others 2014 tzhc 2027 26 march 2014

The application was struck out for incompetence because the applicant failed to properly move the court by not citing the specific sub-section or sub-sub-section of section 79 of the Civil Procedure Code, which is a fatal omission under Tanzanian law.

Citation
fatuma a mohamed vs holo juma and 5 others 2014 tzhc 2027 26 march 2014
Parties
Applicant: Fatuma A. Mohamed; 1st Respondent: Holo Juma; 2nd Respondent: Busy Bees Court Broker; 3rd Respondent: Mohamed Mussa Makame; 4th Respondent: Nuru Rashid; 5th Respondent: Shebe Rashidi; 6th Respondent: Marther Nestory Mwanukuzi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 March 2014
Procedural Posture
Civil Revision / Ruling on Application for Revision
Outcome
application struck out with costs
Legal Topics
Revision, Jurisdiction, Non Citation of Enabling Provisions, Execution of Decree
Source Language
English
Civil Procedure Revision Jurisdiction Non Citation of Enabling Provisions Execution of Decree

Case Brief

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Parties

Fatuma A. Mohamed

Applicant

Holo Juma

1st Respondent

Busy Bees Court Broker

2nd Respondent

Mohamed Mussa Makame

3rd Respondent

Nuru Rashid

4th Respondent

Shebe Rashidi

5th Respondent

Marther Nestory Mwanukuzi

6th Respondent

Procedural Posture

Civil Revision / Ruling on Application for Revision

Legal Issues

  1. 1 Whether the application for revision was properly before the court due to citation of enabling provisions
  2. 2 Whether non-citation of specific sub-sections of section 79 of the Civil Procedure Code is fatal to the application

Ratio Decidendi

The application was struck out for incompetence because the applicant failed to properly move the court by not citing the specific sub-section or sub-sub-section of section 79 of the Civil Procedure Code, which is a fatal omission under Tanzanian law.

Court Disposition

application struck out with costs

Orders

  • The application is struck out for incompetence due to non-citation of specific enabling provisions of law.
  • Applicant to pay costs.