20070621 TZHC Tabora

20070621 TZHC Tabora

The application for revision and substitution of parties was misconceived, improperly prosecuted, and amounted to abuse of court process; applicant lost appeal in District Court and did not appeal, thus cannot seek revision through improper channels.

Citation
20070621 TZHC Tabora
Parties
Applicant: Saada d/o Mbwembwe; Respondent: Nyamizi Said Msimba; Respondent: Juma s/o Kabavako
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 June 2007
Procedural Posture
Civil Revision / Ruling
Outcome
dismissed with costs
Legal Topics
Revision, Abuse of Process, Joinder of Parties, Appeal Procedure
Source Language
English
Civil Procedure Revision Abuse of Process Joinder of Parties Appeal Procedure

Case Brief

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Parties

Saada d/o Mbwembwe

Applicant

Nyamizi Said Msimba

Respondent

Juma s/o Kabavako

Respondent

Procedural Posture

Civil Revision / Ruling

Legal Issues

  1. 1 whether the application for revision was properly before the court
  2. 2 whether the application to substitute parties was valid
  3. 3 whether the applicant abused court process

Ratio Decidendi

The application for revision and substitution of parties was misconceived, improperly prosecuted, and amounted to abuse of court process; applicant lost appeal in District Court and did not appeal, thus cannot seek revision through improper channels.

Court Disposition

dismissed with costs

Orders

  • application for revision dismissed with costs to respondents, payable personally by Anania Masendeka Ndayanse
  • application to substitute parties dismissed