20130410 TZHC Dar es Salaam

20130410 TZHC Dar es Salaam

The application for review was incompetent as it was made by Memorandum of Review instead of chamber summons supported by affidavit, contrary to Order XLIII Rule 2 of the Civil Procedure Code, Cap 33. None of the exceptions applied.

Citation
20130410 TZHC Dar es Salaam
Parties
Applicant: Stamili Simba; Respondent: Hawa Abdul
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 April 2013
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Review
Outcome
Application struck out as incompetent
Legal Topics
Application for Review, Procedural Competence, Mode of Application, Striking Out Applications
Source Language
English
Civil Procedure Land Law Application for Review Procedural Competence Mode of Application Striking Out Applications

Case Brief

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Parties

Stamili Simba

Applicant

Hawa Abdul

Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Review

Legal Issues

  1. 1 Whether the application for review was properly before the court given the mode of filing
  2. 2 Whether a Memorandum of Review is a competent mode for making an application for review under the Civil Procedure Code

Ratio Decidendi

The application for review was incompetent as it was made by Memorandum of Review instead of chamber summons supported by affidavit, contrary to Order XLIII Rule 2 of the Civil Procedure Code, Cap 33. None of the exceptions applied.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out with no order as to costs