20050425 TZHC Moshi

IN ri'HE :.:HGH .Cf.:Ulll (.;fr' "T!:J~_iIA AT MOSlU NISU. ClVIL REVISION NO. 3 OF 2005 () (C/F CIVIL Cl-1.i;;i'~ NO. 9 OF 2005) (MfoC. CIVIL 1'1.PFL., NO. 7 O? 2005) (C/F CIVIL RJ!}VISION NO. 1 )F 2005) PAI'RICK :t-F-;ILOI ) ( t/a 1. BP_ r:aranra Seri·•,iice Station) ~ ) ~ AFPLICJ\NTS 2. Marketing Service Station ) Versus ILALA AUCTION l"';ART LTD.~ (BP { 111ailzan.ia) Limited ) RESPONDENT RULING "rurmu, ..... -.... ,. ~-- ;-J. ~.- ~·· .... ..,.~ In this matter, this court had received a complaint from Hr. Sandi learneq. __.a_dv.cco.te vide _his let,ter Ref.No. GPSi~/ML~C.CIVIL APPL./NO. 7/ - ''····· 2005 dated 3/3/2005 in re:spect of Misc.Civil Appl.No, ?/2005 filed in : ·-• the Moshi District Court the file which had been .K:alled to this court vide Civil Revision No. 1 of 2005 instituted by ~P ('ranzania) Limited. i Having received the iaid letter, this court ori i~s own opened Hise. Civil Revision No. 3cf 2005 and summoned the po.rties ;to appear and address this court. In Hisc.Qivil I Appl.No. 7/2005,filed •. in the l(j)wer : court, the Applicant is dne Patrick N:o'ilci tradinc; as BP Karanga. .Service Station as well as BP Market Service Station and the Res,:,ondent is one Ilala '. . . J.. ' Auction Mart Li~~ted. The application is based on Civi+ Case No. 9/2005 also filed in the same court by the said Applicant against \ the said Respon4ent. BP (Tanzania) Limited is not a party in both the said applicatio;J ancl the suit. lo bis letter, Mr. Sandi who is advocating.......... for the } Applicant and the Plaintiff in the said .AJ)plication _:.,,__ and the suit -~t4tes as f cl lows:- I.Both t~e suit and the application were scheduled for mention•. today, however, on reporting to court as is / usual, l was informed that. the fate of the matters was not 'known because the case files have been sent •••••• /2 : I .. ·-: to the Hieh·i:c;wt however, no reason 'i ;;:) such more was l furnished te\me, ' .·. - . for which I am compelled ~·~ .. to write this letter to you seekin~ to be appr:i.sed on_ the· fa.te of . . :<~ ;" J ·-:~ matters., · .As ~a,£ _as I know 1 neither my client nor the . ·:--, :·;~>'.,'.( '.·.\: . -. defendant,. :C:!;:_;\tJ'-i.' AUC'rION I1iillT LD1I'L!J) has :referr~d the matters tc tfri-Hl.gh Court, for which .I don 1 t know why they :ire there, however, I. do understand that BP (Tanzania) Lit;it~d bas filed an a 1;:plfoaticn for Revision . ,... : in the Hi~h Court, which in any ev~nt has nothing e.t all to do with the said matters as BP is· nc)t a party in the me.tters.. 'l1his is to ldnclly therefore request you to look into the matter anq hence take the nece,ssary action. ¥ours faithfully.· ............... •.•. On 20/4/2005, Mr. S;;,ndi :1.ctL;,; for the a ,ove named Applicant and Hr. Kileo actin;,: for TIP ('J."anzania) ttd..: addr~ed this court~. However, after de1::p consideration, I run of the view that this Misc.Civil Revision No. 3 of 2005 wj,_s uncalled· for because in the letter written by Mr. Sandi there is nc complaint callinc for revision of the lower court proceedings or crdets. He simply wanted to be appraised on the > that fate of the files w~:j.ch had been called to this court is Misc.Civil r .,:\.!)plication No. 7/2005 inclusive .Civil Case No. 9/2005. In my aonsidered view, it would have suffieed ·for the District Registrar t~ respond to Mr. Sandi admi11istratively. In any event Nr. Saiidi has had an opportunity-to present his ·po$ition in Civil Revision No. 1 of 2005 on the ·matters, the subject of his above mentioned lt1Her tncludinG his assertion that BP ('I-anzart~a) ..., Ltd. ·is not a party in Misce Civil Applic;2tion No. 7 of 2005 in the lower court. On his part~ Mr. Kileo acting for BP (Tanzania) Limited ha<;; also had an opportlm i t~f to respond to Mr. Sandi on the said matters. '--..... My Rul.i~g in Civil RevisicIJ No. 1 of 2005 suffices on the said matters henee \Dother ruline is u~alled for• Having expressed myself as abbve stai~d{}.::i&ind no reason to en the submissio;s made by ~ir. Sandi and Mr} Kiloe in this i.1atter. •rhiEl application for revision opened by\ this cour~ on its own is Mreby · s:l:.rik,a cut. .with no costs to the Jjarlieo. It,. is so ordered. JUDGE~ 25/4/2005 Right of Appenl e:x:plained 9 · ,. .. - - ,. ····- . JUDG~ -2_!5/l;/2005 .2~l~l?99?.. ; Coram:' r, A. R.. JUNDU, J. li'or J;.pplicant: Mro Sandi, ;..dvocate · For Responc!en-t: . :Nro Sand'i/Mr,. Kileo, Advocate CC~ Ivlattiku ·,,_ \ ~~.u!~.:. ~ling delivered in the presence of Mr. S:indi 1 learned Advoc ..::te for the Applicant"and holding brief for :Mr. Kil~o • .-:leaiped a_dvocate for tp.e P.espondent • .,,,•:><~;"} :,~ •·. _' C '". ':"' \.,• .-· f/j/ 1:_::; : ' .,..>.·. JUDGE; ............. __ 25/4/2005 •