| dc.description | PRAKSED BARNABAS (Legal representative of HARRISON MAN DALI AND OTHERS VERSUS THE REGISTERED TRUSTEES OF THE ARCHDIOCESE OF DAR ES SALAAM
COURT OF APPEAL OF TANZANIA
(CORAM: NDIKA, J.A. FIKIRINI. J.A. And KIHWELO, J.A)
CIVIL APPLICATION NO. 480/17 OF 2020
(Application from the decision of the High Court of Tanzania Land Division at Dar es Salaam dated the 7th day of September, 2020 in Civil Reference No. 04 OF 2019)
Civil Procedure and Practice – Revision versus Appeal – parties’ revision – court’s revision
In this application, the applicants through a notice of motion under section 4(3) of the Appellate Jurisdiction Act, Cap. 141 R.E. 2002 (the Act) as well as Rule 65 (1) and (4) of the Tanzania Court of Appeal Rules, 2009 are seeking to challenge the decision of the High Court of Tanzania, Land Division (Makani, J.) in Civil Reference No. 4 of 2019. They were aggrieved. So, on 6th November, 2020 they lodged the present application through the services of Mbamba & Co. Advocates. When the appeal was due for hearing, Mr. Michael J.T. Ngalo, learned advocate for the respondent, raised two preliminary points of objection notice which was filed on 23rd December, 2020 under rule 107 (1) of the Rules, to the effect: that the application is misconceived and unmaintainable for the reason that the applicants had a right o f appeal against the High Court's decision and order dated 7* September, 2020 which right was and is still available to the applicants; and that the application is bad in law for including or joining therein, the 1st, &h and 1CF applicants who have not been properly and formally made parties to the proceedings before the High Court hence lacking the requisite locus stand.
Held;
i. The law is long settled and clear that revision is not an alternative to the appeal process.
ii. It is momentous to observe that whereas revision is at the discretion of the court, an appeal is a right of a party subject of course to other factors such as limitation, leave or a certificate on point of law as the case may be.
iii. A party to proceedings in the High Court may invoke the revision jurisdiction o f the Court where the appellate process has been blocked.
Application struck out
Provisions of Law cited;
i. section 4(3) of the Appellate Jurisdiction Act, Cap. 141 R.E. 2002 (the Act)
ii. Rule 65 (1) and (4) and 107 of the Tanzania Court of Appeal Rules, 2009
Case Laws referred:
i. Bank of Tanzania Ltdv. Devram P. Valambhia, Civil Application No. 15 of 2002 (unreported). D.B. Shapriya and
ii. Company Ltd v. Stefanutti Stocks Tanzania Ltd, Civil Application No. 205/16 of 2018 (unreported)
iii. Olmeshuki Kisambu v. Christopher Naing'ola [2002] TLR 280, Regina Moshi
iv. The Board of Trustees of the National Social Security Fund (NSSF), Civil Application No. 457/18 of 2019, Patrick Magologozi Mongella v. The Board of Trustees of
v. the Public Service Social Security Fund, Civil Application No. 342/18 of
vi. 2019.
vii. Hasmukh Bhagwanji Masrani v. Dodsal Hydrocarbons and Power (Tanzania) PVT Limited (all unreported).
viii. Morris Hamza Azizi v. Angelina Simon Mhavile and Another, Civil Appeal No. 73 of 2013
ix. Paul A. Kweka and Another v. Ngorika Bus Services and Transport Co. Ltd, Civil Appeal No. 68 of 2003 (both unreported
x. Hammers Incorporation Co. Ltd v. The Board of Trustees of the Cashewnut Industries Development Trust Fund, Civil Application No. 93 of 2015 (unreported)
xi. Manufacturing Co. Ltd v. West End Distributors Ltd [1969] E.A. 696 | en_US |
