| dc.description | UBAYA SALEHE VS. BENJAMIN SENGEREMA AND ANOTHER
COURT OF APPEAL OF TANZANIA
AT DAR ES SALAAM
(Mkuye, Korosso and Maige JJ.A)
CIVIL APPLICATION NO. 568/17 OF 2020
(Application for revision arising from Misc. Land Appeal No. 26 of 2020 by Mango J dated 11th November, 2020)
Civil Practice and Procedure- Revision- Application for Revision where right of appeal exists- whether application for revision preferred while the applicant has the right to appeal competent before the Court of Appeal?
Civil Procedure and Practice- Revision- Circumstances in which the Court of Appeal may invoke revisional jurisdiction?
Facts;
This is an application for revision based on the judgment of the High Court which overruled the Applicant appeal. The basis of the disputed is traced from the ownership of land which the Applicant claimed unsuccessfully before the Mwandege Ward Land Tribunal which awarded the 2nd Respondent refund of purchase price at the tune of TZS 1,600,000/= and general damages at the tune of TZS 2,800,000/=. Aggrieved by the decision of the Ward Land Tribunal, the Applicant appealed to the District Land and Housing Tribunal of Mkuranga which also upheld the decision of the Ward Tribunal.
The Applicant being further aggrieved by the decision of the District Land and Housing Tribunal of Mkuranga, appealed before the High Court. The High Court also dismissed the Applicant’s appeal and hence this application for revision. This application is premised on the irregularities on the Ward Tribunal from its composition and functions, issue of determination of sale agreement in compliance with the law, absence of valuation report and violation of right to be heard.
Held;
1. The Court reiterated the principles stated in the case of Moses J. Mwakibete v. The Editor-Uhuru, Shirika la Magazeti ya Chama and National Printing Co. Ltd (1995) TLR 134 and Transport Equipment Ltd v. Devram Valambhia [1995] TLR 161 “It is now well settled that where a party has a right of appeal, he cannot invoke revisional powers of the Court”
2. Revisional powers of the Court of Appeal cannot be used as an alternative to appellate jurisdiction and therefore, revisional powers can be invoked in exceptional circumstances especially in matters which are not appealable whether with leave or without leave and where appeal process has been blocked by judicial process. The Court reiterated the principles stated in the case of Augustino Lyatonga Mrema v. Republic and Another [1996] TLR 267, Said Aly Yakuti & 4 Others v. Feisal Ahmed Abdul, Civil Application No. 4 of 2011 and Felix Lendita v. Michael Longidu, Civil Appeal No. 312/17 of 2017 (both unreported))
Application was strike out with costs.
Statutory provisions considered;
1. Appellate Jurisdiction Act, Sections 4(2), 4(3)
Case laws considered to;
1. Moses J. Mwakibete v. The Editor-Uhuru, Shirika la Magazeti ya Chama and National Printing Co. Ltd (1995) TLR 134
2. Transport Equipment Ltd v. Devram Valambhia [1995] TLR 161
3. Augustino Lyatonga Mrema v. Republic and Another [1996] TLR 267,
4. Said Aly Yakuti & 4 Others v. Feisal Ahmed Abdul, Civil Application No. 4 of 2011 and;
5. Felix Lendita v. Michael Longidu, Civil Appeal No. 312/17 of 2017 (both unreported)) | en_US |
| dc.description.abstract | Held;
1. The Court reiterated the principles stated in the case of Moses J. Mwakibete v. The Editor-Uhuru, Shirika la Magazeti ya Chama and National Printing Co. Ltd (1995) TLR 134 and Transport Equipment Ltd v. Devram Valambhia [1995] TLR 161 “It is now well settled that where a party has a right of appeal, he cannot invoke revisional powers of the Court”
2. Revisional powers of the Court of Appeal cannot be used as an alternative to appellate jurisdiction and therefore, revisional powers can be invoked in exceptional circumstances especially in matters which are not appealable whether with leave or without leave and where appeal process has been blocked by judicial process. The Court reiterated the principles stated in the case of Augustino Lyatonga Mrema v. Republic and Another [1996] TLR 267, Said Aly Yakuti & 4 Others v. Feisal Ahmed Abdul, Civil Application No. 4 of 2011 and Felix Lendita v. Michael Longidu, Civil Appeal No. 312/17 of 2017 (both unreported)) | en_US |
