20121122 TZHC Dar es Salaam

20121122 TZHC Dar es Salaam

The objections raised by the 1st Respondent lack merit because the reference to the year 2009 instead of 2008 is a mere typographical error and does not defeat the applicant's intention to seek revision of the correct proceedings. The substance of the application is clear from the records.

Citation
20121122 TZHC Dar es Salaam
Parties
Applicant: Rodrick Crispian Shirima; 1st Respondent: Maulid Ally Mtanga; 2nd Respondent: MTC Auction Mart; 3rd Respondent: Oliver Prosper
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 November 2012
Procedural Posture
Land Case Revision / Ruling on Preliminary Objections
Outcome
Preliminary objections overruled
Legal Topics
Revision Proceedings, Preliminary Objections, Interlocutory Orders, Typographical Errors in Pleadings
Source Language
English
Land Law Civil Procedure Revision Proceedings Preliminary Objections Interlocutory Orders Typographical Errors in Pleadings

Case Brief

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Parties

Rodrick Crispian Shirima

Applicant

Maulid Ally Mtanga

1st Respondent

MTC Auction Mart

2nd Respondent

Oliver Prosper

3rd Respondent

Procedural Posture

Land Case Revision / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application for revision is incompetent due to reference to a non-existent eviction order
  2. 2 Whether the application is an abuse of court process
  3. 3 Whether a typographical error in the case number/year defeats the application

Ratio Decidendi

The objections raised by the 1st Respondent lack merit because the reference to the year 2009 instead of 2008 is a mere typographical error and does not defeat the applicant's intention to seek revision of the correct proceedings. The substance of the application is clear from the records.

Court Disposition

Preliminary objections overruled

Orders

  • Objections dismissed
  • Costs to follow events