ludger bernard nyoni vs national housing corporation another 2018 tzca 370 29 june 2018

ludger bernard nyoni vs national housing corporation another 2018 tzca 370 29 june 2018

The application is incompetent due to non-citation of section 4(3) of the Appellate Jurisdiction Act and failure to include necessary documents in the record; the Court is not properly moved to exercise revisional jurisdiction.

Citation
ludger bernard nyoni vs national housing corporation another 2018 tzca 370 29 june 2018
Parties
Applicant: Ludger Bernard Nyoni; 1st Respondent: National Housing Corporation; 2nd Respondent: Kimbembe Auction Mart Limited and Court Brokers
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 June 2018
Procedural Posture
Civil Application for Revision / Ruling on Preliminary Objection
Outcome
Application struck out as incompetent with no order as to costs.
Legal Topics
Revision, Appellate Jurisdiction, Preliminary Objection, Record Completeness
Source Language
English
Civil Procedure Revision Appellate Jurisdiction Preliminary Objection Record Completeness

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Parties

Ludger Bernard Nyoni

Applicant

National Housing Corporation

1st Respondent

Kimbembe Auction Mart Limited and Court Brokers

2nd Respondent

Procedural Posture

Civil Application for Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for revision is properly before the Court due to citation and completeness of record
  2. 2 Whether failure to include necessary documents renders the application incompetent

Ratio Decidendi

The application is incompetent due to non-citation of section 4(3) of the Appellate Jurisdiction Act and failure to include necessary documents in the record; the Court is not properly moved to exercise revisional jurisdiction.

Court Disposition

Application struck out as incompetent with no order as to costs.

Orders

  • Application struck out
  • No order as to costs