vijay shantilal chohan vs abdul shakol e halday another 2009 tzhc 230 11 august 2009

vijay shantilal chohan vs abdul shakol e halday another 2009 tzhc 230 11 august 2009

The appeal was filed in time and is competent as the original record was misplaced by the court registry and later found; the subsequent record is a reconstruction and does not render the appeal time barred or incompetent. The misjoinder of the 2nd respondent is curable by substitution of the proper authority, Ilala Municipal Council, in place of the dissolved Dar es Salaam City Council. The appellant cannot be penalized for errors attributable to the court registry.

Citation
vijay shantilal chohan vs abdul shakol e halday another 2009 tzhc 230 11 august 2009
Parties
Appellant: Vijay Shantilal Chohan; 1st Respondent: Abdul Shakol E. Halday; 2nd Respondent: D’Salaam City Council
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 August 2009
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
preliminary objection overruled
Legal Topics
Limitation of Actions, Misjoinder and Substitution of Parties, Professional Conduct of Advocates
Source Language
English
Civil Procedure Limitation of Actions Misjoinder and Substitution of Parties Professional Conduct of Advocates

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Vijay Shantilal Chohan

Appellant

Abdul Shakol E. Halday

1st Respondent

D’Salaam City Council

2nd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is time barred under the Law of Limitation Act
  2. 2 Whether the appeal is incompetent for lack of necessary decree
  3. 3 Whether the 2nd respondent was properly joined as a party after dissolution of the original council

Ratio Decidendi

The appeal was filed in time and is competent as the original record was misplaced by the court registry and later found; the subsequent record is a reconstruction and does not render the appeal time barred or incompetent. The misjoinder of the 2nd respondent is curable by substitution of the proper authority, Ilala Municipal Council, in place of the dissolved Dar es Salaam City Council. The appellant cannot be penalized for errors attributable to the court registry.

Court Disposition

preliminary objection overruled

Orders

  • Ilala Municipal Council to be substituted for the 2nd respondent, Dar es Salaam City Council
  • Each party to bear its own costs