20090806 TZHC Dar es Salaam

,.. 1 IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM CIVIL REVISION NO. 27 OF 2008 ( Originating from Temeke District Court in Misc. Civil Application No. 11 of 2007 Hon. Nzowa RM) SUFI KITWANA AS LEGAL PERSONAL r1 REPRESENTATIVE OF KITWANA SADI .......... . APPLICANT vs NUSURA MOHAMED ....................... . RESPONDENT Date of last Order 4/5/2009 Date of Ruling 6/8/2009 RULING SHANGWA, J. On 3 rd June, 2008 Sufi Kitwana as Legal personal representative of Kitwana Sadi filed an application in this Court for revision of the orders of the District Court of Temeke in 2 Miscellaneous Civil Application No. 11 of 2007 in order to satisfy itself as to the correctness, legality and propriety of those orders. His application was supported by his affidavit. I On 21 st July, 2008 learned counsel for the Respondent Mr. Chuwa filed a Notice of Preliminary objection against that application based on two grounds:- First, that the Applicant has no locus standi to bring this application. Second, that the application is not maintainable for being. accompanied by a defective affidavit. It appears to me that the first ground of Preliminary objection is sufficient to dispose of this application. For this reason, I will not deal with the second ground of Preliminary objection. In presenting the first ground of Preliminary objection, counsel for the Respondent submitted that Sufi Kitwana who filed the application as a legal personal representative of Kitwana sadi hs no locus 3 standi because he has never been a party in the proceedings of the Primary Court· from which the proceedings of the District Court which are complained of originated and that he has not even attached a copy of his appointment as Administrator of the estate of the late Kitwana Sadi. I have looked at the proceedings of the Primary Court of / Kigamboni in Administration and Probate Cause No. 72 of 2003 and ' found that the applicant in that case was Nusura Mohamedi who is the Respondent in this application. I have also looked at the proceedings of the District Court of Temeke in Civil Appeal No. 9 of 2008 originating from the orders of the Primary Court of Kigamboni in Administration and Probate Cause No. 72 of 2003 and found that the Appellant is Nusura Mohamed. I have also found that both in the Primary Court and the District Court, the proceedings referred to the estate of the late SADI SHOMARI and not the late KITWANA SADI to whom SUFI KITW ANA purports to be his legal personal representative in this application. 4 It is quite plain therefore that SUFI KITWANA has no locus standi in this matter which seeks to revise the orders of the District Court of Temeke which were prayed for by NUSURA MOHAMED and granted by the Court. If anything, the one who has the locas standi in this matter is the Respondent NUSURA MOHAMED. For these reasons, I hereby uphold the first ground of Preliminary objection and dismiss this application with costs. ~ A.Shangwa JUDGE 6/8/2009 Delivered in the presence of Mr. Njau for Mr. Ishengoma for the Applicant and in the absence of Mr. Chuwa for the Respondent. ~ --~~,. 0~ ~ 0 J' A.Shangwa (,1 ~1,. -?' ,-.i ~ ~ JUDGE .. ;l' » ,. 6/8/2009