segorena p kiwango 2 others vs daniel materu another 2022 tzhclandd 12381 30 september 2022

segorena p kiwango 2 others vs daniel materu another 2022 tzhclandd 12381 30 september 2022

The application for revision is incompetent because the applicants had a right to appeal against the execution order but failed to exhaust that remedy. Revision cannot be used to challenge execution orders when appeal is available. The applicants did not raise objections during execution proceedings, and their claims regarding right to be heard and property description are misplaced at the revision stage.

Citation
segorena p kiwango 2 others vs daniel materu another 2022 tzhclandd 12381 30 september 2022
Parties
Applicant: Segorena P. Kiwango; Applicant: Severin Mtenga; Applicant: Frimin Mangashl; Respondent: Daniel Materu; Respondent: M/S Msolopa Investments Company Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 September 2022
Procedural Posture
Land Revision / Ruling
Outcome
Application struck out with costs
Legal Topics
Revision Proceedings, Execution of Decrees, Right to Be Heard, Appeal Vs Revision
Source Language
English
Land Law Civil Procedure Revision Proceedings Execution of Decrees Right to Be Heard Appeal Vs Revision

Case Brief

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Parties

Segorena P. Kiwango

Applicant

Severin Mtenga

Applicant

Frimin Mangashl

Applicant

Daniel Materu

Respondent

M/S Msolopa Investments Company Ltd

Respondent

Procedural Posture

Land Revision / Ruling

Legal Issues

  1. 1 Whether revision is competent after execution order when appeal remedy exists
  2. 2 Whether applicants were denied right to be heard in Tribunal proceedings
  3. 3 Whether description of disputed land was proper in Tribunal proceedings

Ratio Decidendi

The application for revision is incompetent because the applicants had a right to appeal against the execution order but failed to exhaust that remedy. Revision cannot be used to challenge execution orders when appeal is available. The applicants did not raise objections during execution proceedings, and their claims regarding right to be heard and property description are misplaced at the revision stage.

Court Disposition

Application struck out with costs

Orders

  • Application for revision struck out
  • Applicants to pay costs