20150904 TZHC Arusha2

20150904 TZHC Arusha2

The grounds for review were without merit because the preliminary objection raised by the applicants could not have disposed of the application, and the applicants misconstrued the provisions of Order XIV rule 2. The proper remedy was to apply to set aside the dismissal order, not review.

Citation
20150904 TZHC Arusha2
Parties
1st Applicant: Sixbert Tahhani; 2nd Applicant: Kilill Cha Rhotia; Respondent: Lucia Siimay
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 September 2015
Procedural Posture
Miscellaneous Civil Review / Ruling on Application for Review
Outcome
Application dismissed with costs
Legal Topics
Review of Court Decisions, Preliminary Objections, Right to Be Heard, Dismissal for Want of Prosecution
Source Language
English
Civil Procedure Land Law Review of Court Decisions Preliminary Objections Right to Be Heard Dismissal for Want of Prosecution

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Parties

Sixbert Tahhani

1st Applicant

Kilill Cha Rhotia

2nd Applicant

Lucia Siimay

Respondent

Procedural Posture

Miscellaneous Civil Review / Ruling on Application for Review

Legal Issues

  1. 1 Whether the court erred by overlooking a preliminary objection
  2. 2 Whether the court failed to address matters of law before facts
  3. 3 Whether the applicants were denied the right to be heard

Ratio Decidendi

The grounds for review were without merit because the preliminary objection raised by the applicants could not have disposed of the application, and the applicants misconstrued the provisions of Order XIV rule 2. The proper remedy was to apply to set aside the dismissal order, not review.

Court Disposition

Application dismissed with costs

Orders

  • Application for review is dismissed with costs to the respondent