khalid simba vs lh maleko 2021 tzhclandd 6946 17 december 2021

khalid simba vs lh maleko 2021 tzhclandd 6946 17 december 2021

The High Court cannot entertain a revision application in respect of a preliminary objection or interlocutory order that does not finally determine the suit; since the preliminary objection in the lower tribunal did not finally determine the application, the revision is not maintainable and must be dismissed.

Citation
khalid simba vs lh maleko 2021 tzhclandd 6946 17 december 2021
Parties
Applicant: Khalid Simba; Respondent: L.H. Maleko
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
17 December 2021
Procedural Posture
Land Revision / Ruling on Preliminary Objection
Outcome
Application dismissed with costs
Legal Topics
Revision Vs Appeal, Defective Affidavit, Jurisdiction of High Court, Execution Proceedings
Source Language
English
Land Law Civil Procedure Revision Vs Appeal Defective Affidavit Jurisdiction of High Court Execution Proceedings

Case Brief

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Parties

Khalid Simba

Applicant

L.H. Maleko

Respondent

Procedural Posture

Land Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether revision can be used as an alternative to appeal when appeal is available
  2. 2 Whether the applicant's affidavit is incurably defective for containing legal arguments and conclusions

Ratio Decidendi

The High Court cannot entertain a revision application in respect of a preliminary objection or interlocutory order that does not finally determine the suit; since the preliminary objection in the lower tribunal did not finally determine the application, the revision is not maintainable and must be dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs