The Appellant filed a Civil Suit No. 153 of 2007 at the Land Tribunal against the first Respondent to claim a plot of land situated at Mwanakwerekwe. Because of non-appearance of the first Respondent the case was heard ex-parte and the Judgment and decree as given in favour of the Appellant. The Appellant filed an application for execution and the execution order was issued and directions were given to Ushirika wa Mnada Kumekucha. The third Respondent filed an application in which she asked the Court to stay the execution of the order and asked the Court to join her as the Defendant in the case and also set aside the ex-parte order and the case be heard a fresh inter-partes.
The Chairman of the Land Tribunal wrote a letter to Kumekucha asking him to stop the execution as the Decree Holder had passed away. The Administrator of the Estate was appointed by the High Court on Civil Cases No. 89 of 2010 and the Appointee was Ameir Saleh Rashid. Following this appointment an application for Continuation of execution was made, and the learned Advocate for the Appellant filed a Counter Affidavit against the Affidavit of third Respondent. It transpired that the Attorney General (the second Respondent) also has an interest on the decreed plot of land, hence, she filed an application under section 89 (b) and (c) and Order L rule 1 (b) and (c) of Cap 8 of the Law of Zanzibar. She asked the Court to review the ex parte Judgment and set aside that decision and direct the inter parte hearing to be made in the High Court according to Government Proceedings Act 2010.
The learned advocate for Appellant then issued a notice of preliminary objection on points of law on the grounds that the affidavit in support of application for review was bad in law for not having verification, and jurat, the application was time barred, the applicant had no locus standi and the Court lacked jurisdiction.