roseline leonard vs mwajabu said 2 others 2022 tzhclandd 462 11 january 2022

roseline leonard vs mwajabu said 2 others 2022 tzhclandd 462 11 january 2022

Applicant failed to demonstrate any error material to the merits of the case involving injustice; District Tribunal properly exercised discretion; applicant not party to original proceedings and has other remedies available.

Citation
roseline leonard vs mwajabu said 2 others 2022 tzhclandd 462 11 january 2022
Parties
Applicant: Roseline Leonad Shirima; 1st Respondent: Mwajabu Said; 2nd Respondent: Josephat S. Isuja; 3rd Respondent: Kibango General Business (T) Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
11 January 2022
Procedural Posture
Land Revision / Ruling
Outcome
Application dismissed with costs.
Legal Topics
Revision, Stay of Execution, Objection Proceedings, Right to Be Heard
Source Language
English
Land Law Civil Procedure Revision Stay of Execution Objection Proceedings Right to Be Heard

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Parties

Roseline Leonad Shirima

Applicant

Mwajabu Said

1st Respondent

Josephat S. Isuja

2nd Respondent

Kibango General Business (T) Ltd

3rd Respondent

Procedural Posture

Land Revision / Ruling

Legal Issues

  1. 1 Whether there was an error material to the merits of the case involving injustice justifying revision
  2. 2 Whether the applicant was denied the right to be heard
  3. 3 Whether the District Tribunal erred in confirming ownership and proceeding with objection proceedings before stay of execution

Ratio Decidendi

Applicant failed to demonstrate any error material to the merits of the case involving injustice; District Tribunal properly exercised discretion; applicant not party to original proceedings and has other remedies available.

Court Disposition

Application dismissed with costs.

Orders

  • Application dismissed
  • Costs awarded to respondents