20070621 TZHC Tabora5

The application for revision and substitution of parties was dismissed because the applicant failed to appeal within the prescribed time, attempted to use revision to circumvent appeal procedures, and the proceedings constituted an abuse of court process.

Citation: 20070621 TZHC Tabora5
Parties: Applicant: Saada s/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 on Application for Revision and Substitution of Parties
Outcome: Application dismissed with costs
Legal Topics: Revision, Substitution of Parties, Appeal Procedure, Abuse of Process
Source Language: English

Civil Procedure Revision Substitution of Parties Appeal Procedure Abuse of Process

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Parties

Saada s/o Mbwembwe

Applicant

Nyamizi Said Msimba

Respondent

Juma s/o Kabavako

Respondent

Procedural Posture

Civil Revision / Ruling on Application for Revision and Substitution of Parties

Legal Issues

1 Whether the application for revision and substitution of parties is maintainable
2 Whether the applicant is entitled to relief after failing to appeal within prescribed time
3 Whether the proceedings amount to abuse of court process

Ratio Decidendi

Court Disposition

Application dismissed with costs

Orders

Both the application for revision and the application to substitute parties are dismissed with costs to the respondents, to be paid personally by Masendeka s/o Ndayanse.