20140807 TZHC Tanga
The application was incompetent because it was brought in the form of an appeal instead of by chamber summons supported by affidavit as required by law.
Source-derived case information.
- Citation
- 20140807 TZHC Tanga
- 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 Preliminary Objection and Competence of Application
- Outcome
- application struck out as incompetent
- Legal Topics
- Jurisdiction, Locus Standi, Procedure for Revision Applications
- 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 Preliminary Objection and Competence of Application
Legal Issues
- 1 Whether the District Land and Housing Tribunal had jurisdiction to entertain the matter
- 2 Whether the respondent had locus standi to seek eviction
- 3 Whether the application for revision was properly before the court
Ratio Decidendi
The application was incompetent because it was brought in the form of an appeal instead of by chamber summons supported by affidavit as required by law.
Court Disposition
application struck out as incompetent
Orders
- The application is struck out.
Full Case Text
Judgment text and source record
1 paragraphs
., ,C."\ h-4.....!t . ;- I IN THE HIGH COURT OF TANZAN.IA ATTANGA LAND CASE REVISION NO. 1 Of 2012 [Frorn the Decl-;ion of thP Disfrirt land and Housing Tri.bunal of Tango District at Tanga in Land Application no. 147 of 201 OJ 1. MKW1ZU JOEL 2. MUSHI JOSEPH 3. SHI RIMA CHRISTIAN .· 4. KUBtGWA PAULO ............................................... APPLICANTS VERSUS TANGA BOHRA fDUCATION SOCl'ETY .......................... RESPONDENT RULING U, Msuya, J. In the D1str.ict Land and Housing Tribunal of Tonga at Tango, the Respondent, Tang-a Bonra Education Society via Land Application No. 1·47 of 201 O successfully evicted the applicants r.fro.m premises 1 / / l situated on plot- No. 16A and B at Block A 'Bombo o~ea in Tonga Region. This prompted the present revision app1icat~on in which -the · applicants complain that their preHminory point of objection which was raised in the course of triol to the eff.ect that the District Land and Housing Tribunal had no jurisdiction to ,entertoin the maHer was en-oneously overruled by the trial tribunal and that the Respondent had no .Locus standi t-o seek eviction order against the -applicants. In that regard, th-e applicants-eeks from this court a revision order. Against that background, this application was drgued by way ., ~ - .J. •:..- ' of Written Submissions. However, I wHI not consider their written submissions on the ground that l have obs,erved that this court was improper1y moved. In ~aw, this being an application for revision, t-he appHcants ought {o ·have moved this· court by w-ay of chamber summons supported by affidavit. ~nst.ead the -applicant ,moved this court in the form of appeal. This was wrong. -In view of the provis,ions of Order XLIII Rule 2 of the Civil Procedure Code Cap. 13 R. E. 2002 ony application must be preferred ·by way of chamber su-mmons supported -by affidavit. That bein-g the positi-on of law, the .pres-ent application is incompetent. 'It is therefore struck out. it is so ordered. {) ' ! ~ - '~suv A, JUDGE 2 ' } ~ ~ _ , _ , _ _ ~-~· ··- .:._.:..~ :::~>~<:~:~ ~ ...:.. .,'(:t .,!" Date: 7/8/2014 Coram: S.M. KuHta, -Ag DR st 1 Applicant 2nd AppHcant l _ -Present 3 rd Applicant j 4th Applicant ·. Respondent: ·Present Court: For Ruling. It is read){ and the same is hereby delivered today 7/8/2014 in the preseAce of both parties. . . ~, ~3i~"t ·, ). ~,..'.-it;, ~ ··.,,;,< .... \ -~-· ,.\'fi: ., . . '1 s:M. KULITA, Ag DR . ·~t7/8/2014, /~~;~;f:i '' / -- ''·---. ::~~:::::~