jesca francis mtonya vs vicvtoer nyoni others 2019 tzhc 257 27 december 2019

jesca francis mtonya vs vicvtoer nyoni others 2019 tzhc 257 27 december 2019

The application for revision was incompetent because the applicant had a right of appeal, and financial inability does not bar access to appeal due to legal aid provisions.

Citation
jesca francis mtonya vs vicvtoer nyoni others 2019 tzhc 257 27 december 2019
Parties
Applicant: Jesca Francis Mtonya; 1st Respondent: Victor Nyoni; 2nd Respondent: Ismail Limbenga; 3rd Respondent: Property Masters Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 December 2019
Procedural Posture
Civil Revision / Ruling
Outcome
application dismissed
Legal Topics
Revision, Appeal, Attachment of Property, Legal Aid
Source Language
English
Civil Procedure Revision Appeal Attachment of Property Legal Aid

Case Brief

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Parties

Jesca Francis Mtonya

Applicant

Victor Nyoni

1st Respondent

Ismail Limbenga

2nd Respondent

Property Masters Limited

3rd Respondent

Procedural Posture

Civil Revision / Ruling

Legal Issues

  1. 1 Whether the District Court properly exercised its powers in Misc. Civil Application No. 13 of 2018
  2. 2 Whether the attachment and sale of a residential house was lawful
  3. 3 Whether the applicant had locus standi to file revision

Ratio Decidendi

The application for revision was incompetent because the applicant had a right of appeal, and financial inability does not bar access to appeal due to legal aid provisions.

Court Disposition

application dismissed

Orders

  • application dismissed for incompetence
  • costs to be shared