20030904 TZHC Arusha
Leave is granted as the dispute involves serious legal arguments better suited for the Resident Magistrate's Court rather than the Primary Court.
Source-derived case information.
- Citation
- 20030904 TZHC Arusha
- Parties
- Applicant: Ndeningwila Finya Walingoi Pallangyo; Applicant: Seeba Wangeli Pallangyo; Respondent: Geofrey Wangeli Pallangyo
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 4 September 2003
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Leave to Commence Proceedings in Resident Magistrate's Court
- Outcome
- Leave granted
- Legal Topics
- Jurisdiction, Leave to Commence Proceedings, Trespass to Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ndeningwila Finya Walingoi Pallangyo
Applicant
Seeba Wangeli Pallangyo
Applicant
Geofrey Wangeli Pallangyo
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Leave to Commence Proceedings in Resident Magistrate's Court
Legal Issues
- 1 Whether leave should be granted to commence civil proceedings in the Resident Magistrate's Court instead of the Primary Court
Ratio Decidendi
Leave is granted as the dispute involves serious legal arguments better suited for the Resident Magistrate's Court rather than the Primary Court.
Court Disposition
Leave granted
Orders
- Applicants granted leave to commence civil proceedings against the respondent in the Court of the Resident Magistrate at Arusha under Section 63(1) of the Magistrates' Courts Act, 1984.
Full Case Text
Judgment text and source record
1 paragraphs
I I' IN THE H'IGH CO~P OF" 'TANZ1'JU:1\ 1 /l.T, llRUSHA MISCELLANEOUS CIVIL .APPLIC!~TION NO• 79 OF 2002 NDENINGW.ll.FINYA W.l'l.NG100I P!J,Ll'~GYO ) ~001aAPPLICANTS SEEBA W/..NGliELI PALLANGYO. ) - versus - GEOFREY Wi.NGLELI PP.LLANGYO b; o o!o O O O O O O oRESPONDENT R U L I N ,G SHANGWA 1 Jo In this matter, the applicants are seeking for leave to commence civil proceedings in the court of the Resident Magistrate at l ..rusha inst'!::ad of commencing them in the Usa River Primary Court. They are in respect of a piece of unregistered land which is located at Sakila Village in Arumeru District,, Arusha Region. ! It is alleged that the respondent has trespassed on 1' of an acre of land planted witl;i banana trees which is in the hands of the 1st applicant'anp that he is threatening to encroach on extra land measuring '1~ acres >- ' \, belonging to her and ¾ of an acre1 of land belonging to the 2nd applicant. co.,'Q2/- I 1" :- 2 The applicants who are re~esented by learned counsel Mr. Mahatane have properly brought their app.lication under the proviso to S .. 63 of the Magistrate• s Courts Act 1 1984 and 0.XLIII, ro2 of the Civil Procedure Code, 19660 The respondent appeared. in person and he did not oppose them'° It appears to me that the land dispute between the parties would better be comme11ced in the Court of the Resident Magistrate at hrusha instead of being commenced in the Usa River Primary Courte I c·an foresee that there are serious arguments and points of Law that will be raised by the parties or their Advocates at the time of hearing a-~1d I presume that the Court of the Resident Magistrate will be in a better position to deal with them than the Primary Courto For that matter, I grent leave to the applicants to commence their civil case against the respondent in the Court of the Resident Magistrate at Arushao I so order under S.63 (1) of the Magistrate!s Courts :.ct,1984. ~ Ao SHI1.NGWA JUDGE Delivered in open court at Arusha this 4th day of September, 2003. ~~ A~ SHA.NGWA JlJDGE /hjm 4/9/2003