20150720 TZHC Dar es Salaam
The existence of a pending appeal and lack of opposition from respondents justified quashing and setting aside the lower court's decisions and orders.
- Citation
- 20150720 TZHC Dar es Salaam
- Parties
- Applicant: Shirwa Company Ltd; 1st Respondent: Abu Abdulbazak; 2nd Respondent: Temeke Municipal Council
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 20 July 2015
- Procedural Posture
- Civil Revision / Ruling
- Outcome
- Application granted
- Legal Topics
- Revision, Quashing of Lower Court Orders, Pending Appeal
- Source Language
- English
Case Brief
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Parties
Shirwa Company Ltd
Applicant
Abu Abdulbazak
1st Respondent
Temeke Municipal Council
2nd Respondent
Procedural Posture
Civil Revision / Ruling
Legal Issues
- 1 Whether the orders and decisions of the Resident Magistrate's Court should be revised and set aside due to pending appeal and alleged impropriety
Ratio Decidendi
The existence of a pending appeal and lack of opposition from respondents justified quashing and setting aside the lower court's decisions and orders.
Court Disposition
Application granted
Orders
- Decisions and orders of Resident Magistrate's Court quashed and set aside
- Application granted with costs
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