pius meza vs paul kimicha and 4 others 2012 tzhclandd 4 30 august 2012

pius meza vs paul kimicha and 4 others 2012 tzhclandd 4 30 august 2012

Failure to cite or wrong citation of the relevant enabling legal provisions renders the application incompetent and a nullity; the court was not properly moved to exercise its jurisdiction.

Citation
pius meza vs paul kimicha and 4 others 2012 tzhclandd 4 30 august 2012
Parties
Applicant: Pius Meza; Respondent: Paul Kimicha; Respondent: Grace Kimicha; Respondent: Hanna Kimicha; Respondent: Patricia Soko Kimicha; Respondent: Mwangati Auction Mart
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 August 2012
Procedural Posture
Land Case Revision / Ruling on Preliminary Objection
Outcome
Application struck out as incompetent with leave to re-file citing proper provisions of law.
Legal Topics
Wrong Citation of Law, Competency of Application, Revisional Jurisdiction, Stay of Execution
Source Language
English
Civil Procedure Land Law Wrong Citation of Law Competency of Application Revisional Jurisdiction Stay of Execution

Case Brief

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Parties

Pius Meza

Applicant

Paul Kimicha

Respondent

Grace Kimicha

Respondent

Hanna Kimicha

Respondent

Patricia Soko Kimicha

Respondent

Mwangati Auction Mart

Respondent

Procedural Posture

Land Case Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to cite or wrong citation of enabling legal provisions renders the application incompetent
  2. 2 Whether the High Court was properly moved to exercise revisional jurisdiction

Ratio Decidendi

Failure to cite or wrong citation of the relevant enabling legal provisions renders the application incompetent and a nullity; the court was not properly moved to exercise its jurisdiction.

Court Disposition

Application struck out as incompetent with leave to re-file citing proper provisions of law.

Orders

  • Application struck out with leave to re-file
  • Right of appeal explained