20170823 TZHC Dar es Salaam 1

20170823 TZHC Dar es Salaam 1

Although the applicant was not a party in the lower court, the allegations in the revision proceedings directly affect its interests in the property, necessitating its joinder as an interested party to ensure the right to be heard. The preliminary objections regarding locus standi and affidavit defects were overruled as lacking merit.

Citation
20170823 TZHC Dar es Salaam 1
Parties
Applicant: Nahla Development Limited; 1st Respondent: Omari Amiri Mrisho; 2nd Respondent: Anselineamiri Mrisho; 3rd Respondent: Naima Amiri Mrisho; 4th Respondent: Mariam Amiri Mrisho; 5th Respondent: Rehema Amiri Mrisho; 6th Respondent: Raheli Amiri Mrisho; 7th Respondent: Juma Amiri Mrisho; 8th Respondent: Saidi Amiri Mrisho; 9th Respondent: Zainabu Amiri Mrisho; 10th Respondent: Mrisho Amiri Mrisho; 11th Respondent: Sophia Mrisho
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 August 2017
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection and Final Order on Joinder Application
Outcome
Application granted
Legal Topics
Joinder of Parties, Revision Proceedings, Affidavit Defects, Locus Standi
Source Language
English
Civil Procedure Joinder of Parties Revision Proceedings Affidavit Defects Locus Standi

Case Brief

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Parties

Nahla Development Limited

Applicant

Omari Amiri Mrisho

1st Respondent

Anselineamiri Mrisho

2nd Respondent

Naima Amiri Mrisho

3rd Respondent

Mariam Amiri Mrisho

4th Respondent

Rehema Amiri Mrisho

5th Respondent

Raheli Amiri Mrisho

6th Respondent

Juma Amiri Mrisho

7th Respondent

Saidi Amiri Mrisho

8th Respondent

Zainabu Amiri Mrisho

9th Respondent

Mrisho Amiri Mrisho

10th Respondent

Sophia Mrisho

11th Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection and Final Order on Joinder Application

Legal Issues

  1. 1 Whether the applicant can be joined as an interested party in revision proceedings despite not being a party in the lower court
  2. 2 Whether the affidavit in support of the application is incurably defective for containing prayers and a defective verification clause
  3. 3 Whether the court was properly moved under the cited legal provisions

Ratio Decidendi

Although the applicant was not a party in the lower court, the allegations in the revision proceedings directly affect its interests in the property, necessitating its joinder as an interested party to ensure the right to be heard. The preliminary objections regarding locus standi and affidavit defects were overruled as lacking merit.

Court Disposition

Application granted

Orders

  • Nahla Development Limited is joined in Civil Revision No. 33 of 2015 as an Interested Party.
  • Each party to bear their own costs.