mkwizu joel others vs tanga bohra education society 2014 tzhc 2121 7 august 2014
The application was incompetent as it was not made by chamber summons supported by affidavit as required by law.
Source-derived case information.
- Citation
- mkwizu joel others vs tanga bohra education society 2014 tzhc 2121 7 august 2014
- Parties
- Applicant: Mkwizu Joel; Applicant: Mushi Joseph; Applicant: Shirima Christian; Applicant: Kubigwa Paulo; Respondent: Tanga Bohra Education Society
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 August 2014
- Procedural Posture
- Land Case Revision / Ruling on Procedural Competence
- Outcome
- Application struck out as incompetent
- Legal Topics
- Jurisdiction, Locus Standi, Procedural Impropriety
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mkwizu Joel
Applicant
Mushi Joseph
Applicant
Shirima Christian
Applicant
Kubigwa Paulo
Applicant
Tanga Bohra Education Society
Respondent
Procedural Posture
Land Case Revision / Ruling on Procedural Competence
Legal Issues
- 1 Whether the application for revision was properly before the court
- 2 Whether the District Land and Housing Tribunal had jurisdiction
- 3 Whether the respondent had locus standi
Ratio Decidendi
The application was incompetent as it was not made by chamber summons supported by affidavit as required by law.
Court Disposition
Application struck out as incompetent
Orders
- Application struck out
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA AT TANGA LAND CASE REVISION NO. 1 OF 2012 [rram the Dncirinri of the D/Wr/W land and Housing Tribunal of Tonga District at Tanga in Land Application no. 147 of 2010] 1. MKWiZU JOEL 2. MUSHI JOSEPH 3. SHIRIMA CHRISTIAN 4. KUBIGWA PAULO .............................. ..............................APPLICANTS J VERSUS TANGA BOHRA EDUCATION SOCIETY................................... RESPONDENT RULING U, Msuya, J. In the District Land and Housing Tribunal of Tanga at Tanga, the Respondent, Tanga Boh'ra Education Society via Land Application No. 147 of 2010 successfully evicted the applicants from premises i situated on plot No. 16A and B at Block A Bombo area in Tanga Region. This prompted the present revision application in which the applicants complain that their preliminary point of objection which was raised in the course ot trial to the effect that the District Land and Housing Tribunal had no jurisdiction to entertain the matter was erroneously overruled by the trial tribunal and that the Respondent had no Locus standi to seek eviction order against the applicants. In that regard, the applicant seeks from this court a revision order. Against that background, this application was argued by way of Written Submissions. However, I will not consider their written submissions on the ground that I have observed that this court was improperly moved. In law, this being an application for revision, the applicants ought to have moved this* court by way of chamber summons supported by affidavit. Instead the applicant moved this court in the form of appeal. This was wrong. In view of the provisions of Order 0 XLIII Rule 2 of the Civil Procedure Code Cap. 13 R. E. 2002 any application must be preferred by way of chamber summons supported by affidavit. That being the position of law, the present application is incompetent. It is therefore struck out. It is so ordered. 2 Date: 7/8/2014 Coram: S.M. Kulita/Ag DR 1st Applicant *\ 2nd Applicant Present 3rd Applicant 4th Applicant Respondent: Present Court: For Ruling. It is ready and the same is hereby delivered today 7/8/2014 in the presence of both parties. S.M. KULITA, Ag DR i 7/8/2014 ;.V