mayur patel vs nic limited another 2005 tzhc 255 1 november 2005

mayur patel vs nic limited another 2005 tzhc 255 1 november 2005

A warrant of attachment issued by the District Registrar is not a judgment or order of the High Court Judge and therefore cannot be reviewed by the Judge under Order 42 of the Civil Procedure Code, 1966. The application for review is incompetent and improperly before the court.

Citation
mayur patel vs nic limited another 2005 tzhc 255 1 november 2005
Parties
Applicant: Hayd Patel; 1st Respondent: No. 1 C. Limited; 2nd Respondent: Zuberi Shabani Mtengenti
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 November 2005
Procedural Posture
Miscellaneous Civil Review / Ruling on Application for Review of Warrant of Attachment
Outcome
Application struck out with costs
Legal Topics
Review of Court Orders, Execution of Decrees, Jurisdiction of High Court, Warrant of Attachment
Source Language
English
Civil Procedure Review of Court Orders Execution of Decrees Jurisdiction of High Court Warrant of Attachment

Case Brief

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Parties

Hayd Patel

Applicant

No. 1 C. Limited

1st Respondent

Zuberi Shabani Mtengenti

2nd Respondent

Procedural Posture

Miscellaneous Civil Review / Ruling on Application for Review of Warrant of Attachment

Legal Issues

  1. 1 Whether a warrant of attachment issued by the District Registrar can be reviewed by a High Court Judge under Order 42 of the Civil Procedure Code, 1966
  2. 2 Whether the application for review was properly before the court

Ratio Decidendi

A warrant of attachment issued by the District Registrar is not a judgment or order of the High Court Judge and therefore cannot be reviewed by the Judge under Order 42 of the Civil Procedure Code, 1966. The application for review is incompetent and improperly before the court.

Court Disposition

Application struck out with costs

Orders

  • The application for review is struck out with costs.