20171018 TZHC Dar es Salaam

20171018 TZHC Dar es Salaam

The application was not properly brought before the court due to wrong citation of enabling provision; Section 44(1)(a) and (b) does not apply to proceedings originating from Primary Court. District Court acted ultra vires in revising Primary Court proceedings after twelve months, rendering its orders null and void.

Citation
20171018 TZHC Dar es Salaam
Parties
Applicant: Khalfani Benty Komba; 1st Respondent: Mwajuma Bomba; 2nd Respondent: Shabani Omary Majenda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 October 2017
Procedural Posture
Civil Revision / Ruling on Preliminary Objection
Outcome
Application struck out for wrong citation of enabling provision; District Court proceedings, decisions and orders nullified.
Legal Topics
Revision Proceedings, Jurisdiction, Wrong Citation of Law, Execution of Judgments, Limitation Periods
Source Language
English
Civil Procedure Property Law Revision Proceedings Jurisdiction Wrong Citation of Law Execution of Judgments Limitation Periods

Case Brief

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Parties

Khalfani Benty Komba

Applicant

Mwajuma Bomba

1st Respondent

Shabani Omary Majenda

2nd Respondent

Procedural Posture

Civil Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application was properly brought under the correct provision of law
  2. 2 Whether the District Court had powers to revise the Primary Court decision after twelve months
  3. 3 Applicability of Civil Procedure Code in revision proceedings from Primary Court

Ratio Decidendi

The application was not properly brought before the court due to wrong citation of enabling provision; Section 44(1)(a) and (b) does not apply to proceedings originating from Primary Court. District Court acted ultra vires in revising Primary Court proceedings after twelve months, rendering its orders null and void.

Court Disposition

Application struck out for wrong citation of enabling provision; District Court proceedings, decisions and orders nullified.

Orders

  • Application struck out
  • District Court proceedings, decisions and orders nullified