yohana maiko sengasu vs mirambo mabula 2023 tzhclandd 16624 27 june 2023

The High Court lacks jurisdiction to entertain a reference against its own Deputy Registrar's decision; such decisions must be challenged by appeal, revision, or review, not by reference.

Citation: yohana maiko sengasu vs mirambo mabula 2023 tzhclandd 16624 27 june 2023
Parties: Applicant: Yohana Maiko Sengasu; Respondent: Mirambo Mabula
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 27 June 2023
Procedural Posture: Reference Application / Ruling on Reference Application
Outcome: Application dismissed with costs
Legal Topics: Reference Procedure, Execution of Decrees, Jurisdiction of High Court, Powers of Deputy Registrar
Source Language: English

Civil Procedure Land Law Reference Procedure Execution of Decrees Jurisdiction of High Court Powers of Deputy Registrar

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2 Amounts and remedies 1

Parties

Yohana Maiko Sengasu

Applicant

Mirambo Mabula

Respondent

Procedural Posture

Reference Application / Ruling on Reference Application

Legal Issues

1 Whether the High Court can entertain a reference against its own Deputy Registrar's decision
2 Whether the Deputy Registrar exceeded powers in execution proceedings

Ratio Decidendi

The High Court lacks jurisdiction to entertain a reference against its own Deputy Registrar's decision; such decisions must be challenged by appeal, revision, or review, not by reference.

Court Disposition

Application dismissed with costs

Orders

Application dismissed
Applicant to pay costs