rafii said mpendu vs adam ally mkalapema 3 others 2021 tzhclandd 6902 30 august 2021

rafii said mpendu vs adam ally mkalapema 3 others 2021 tzhclandd 6902 30 august 2021

Application for review dismissed as imposter advocate has already been punished in criminal proceedings; nullification of proceedings would unjustly punish the client. No sufficient grounds for review under Order XLII Rule 1 of the Civil Procedure Code.

Citation
rafii said mpendu vs adam ally mkalapema 3 others 2021 tzhclandd 6902 30 august 2021
Parties
Applicant: Rafii Said Mpendu; 1st Respondent: Adam Ally Mkalapema (Administrator of the estate of the late Ali Mkalapema); 2nd Respondent: Frank Mareto; 3rd Respondent: Maliki Ali Mkalapema; 4th Respondent: Danstun Fabian (Bambo)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 August 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Review
Outcome
Application dismissed with costs
Legal Topics
Review of Judgment, Impersonation of Advocate, Nullity of Proceedings, Fraudulent Representation
Source Language
English
Civil Procedure Land Law Review of Judgment Impersonation of Advocate Nullity of Proceedings Fraudulent Representation

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Parties

Rafii Said Mpendu

Applicant

Adam Ally Mkalapema (Administrator of the estate of the late Ali Mkalapema)

1st Respondent

Frank Mareto

2nd Respondent

Maliki Ali Mkalapema

3rd Respondent

Danstun Fabian (Bambo)

4th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Review

Legal Issues

  1. 1 Whether proceedings and decisions should be nullified due to representation by an imposter advocate
  2. 2 Whether review of judgment is warranted based on discovery of new and important matter

Ratio Decidendi

Application for review dismissed as imposter advocate has already been punished in criminal proceedings; nullification of proceedings would unjustly punish the client. No sufficient grounds for review under Order XLII Rule 1 of the Civil Procedure Code.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Costs awarded to respondents