kasta manyama vs neema robert 2 others 2022 tzhc 14577 9 november 2022

kasta manyama vs neema robert 2 others 2022 tzhc 14577 9 november 2022

The application was improperly filed before the High Court as the applicant had not exhausted remedies at the DLHT by applying to set aside the ex parte ruling; revision cannot be entertained where appeal or other remedies are available.

Citation
kasta manyama vs neema robert 2 others 2022 tzhc 14577 9 november 2022
Parties
Applicant: Kasta Manyama; 1st Respondent: Neema Robert; 2nd Respondent: Asha Juma; 3rd Respondent: Dommy Company Ltd.
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 November 2022
Procedural Posture
Land Revision / Ruling
Outcome
application dismissed
Legal Topics
Revision, Ex Parte Proceedings, Right to Be Heard, Execution of Decree
Source Language
English
Land Law Civil Procedure Revision Ex Parte Proceedings Right to Be Heard Execution of Decree

Case Brief

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Parties

Kasta Manyama

Applicant

Neema Robert

1st Respondent

Asha Juma

2nd Respondent

Dommy Company Ltd.

3rd Respondent

Procedural Posture

Land Revision / Ruling

Legal Issues

  1. 1 Whether the application for revision is properly before the High Court without first setting aside the ex parte ruling of the DLHT
  2. 2 Whether the applicant has exhausted remedies at the DLHT

Ratio Decidendi

The application was improperly filed before the High Court as the applicant had not exhausted remedies at the DLHT by applying to set aside the ex parte ruling; revision cannot be entertained where appeal or other remedies are available.

Court Disposition

application dismissed