| dc.description | TOTAL TANZANIA LIMITED V. MEXON SANGA IN THE COURT OF APPEAL OF TANZANIA – DAR ES SALAAM KWARIKO. J.A. KEREFU. J.A. and KIHWELO, J.A.
14th & 28th June, 2022 CIVIL APPEAL NO. 488/16 OF 2019.
(An Application from the decision of the High Court of Tanzania at Dar es Salaam in Commercial Case No.161 of 2018 dated 13th September,2019 by Hon. Magoiga, J)
Facts
This application emanates from, the facts that, the Applicant executed a Marketing Licence Agreement with the Respondent, a licence to operate a Total New Maendeleo Service Station, located at Njombe. There were terms and conditions to be complied thereafter. Respondent lodged Civil Case No.2/2017 against the Applicant for breach of licence and for an order of specific performance.Again the Applicant instituted Civil Suit against the Respondent in the High Court for declaration of breach of licence. The Respondent raised a preliminary objection in his defence that the matter is sub judice. The Court found the objection meritorious and stayed the suit pending final determination of the suit at Njombe. Hence forth the Applicant filed this application for revision in the Court of Appeal.
For the Applicant: Mr. Makarious Tairo
For the Respondent: Mr. Daniel Welwel
Legal Issue
i. Whether the application is proper before the Court?
ii. What amounts to an interlocutory order or decision?
Held
i) No appeal or application for revision shall lie against or be made in respect of any preliminary or interlocutory decision or order of the High Court unless such decision or order has the effect of finally determining the suit.
ii) Judgement or order as made finally dispose of the rights of the parties.
Civil Practise & Procedure – Revision-prerequisites for filing revision- whether revision can be filed in respect of any interlocutory decision or order?
Element of Law:
Statutes:
Section 5(2)(d) The Appellate Jurisdictions Act, 2009 as amended
Section 8 Civil Procedure Code (CAP 33 R.E 2019)
Case Law:
Standard Chartered Bank and others vs. VIP Engineering & Marketing Limited and others, Consolidated Civil Application Nos. 76 & 90 of 2016 (unreported)
Augustino Masonda vs. Widmel Mushi, Civil Application No.383/13 of 2018 (unreported)
Tunu Mwapachu and others vs. National Development Corporation and Another, Civil Appeal No. 155 of 2018 (unreported)
Murtazar Ally Mangungu vs. The Returning Officer for Kilwa North Constituency and others, Civil Application No.80 of 2016 (unreported)
Tanzania Motors Services Limited and another vs. Nehar Singh t/a Thanker Singh, Civil Appeal No.115 of 2005 (unreported) in Bozson vs. Artincham Urban District Council (1903) 1 KB 574
JUNACO (T) Ltd & Another vs. Harel Mallac Tanzania Limited, Civil Application No.473/16 (unreported)
Celestine Samora Manase & Twelve others vs. Tanzania Social Fund Trust Fund, Civil Appeal No.318 of 2019 (unreported)
Vodacom Tanzania Public Limited Company vs. Planetel Communications Limited, Civil Appeal No.43 of 2018 (unreported) | en_US |
