| dc.contributor.author | NDIKA, FIKIRINI. J.A.. And KIHWELO. J.A. J.A., | |
| dc.date.accessioned | 2023-05-04T06:38:57Z | |
| dc.date.available | 2023-05-04T06:38:57Z | |
| dc.date.issued | 2022-09-12 | |
| dc.identifier.uri | http://localhost/handle/123456789/1193 | |
| dc.description | ABDALLAH THABIT HUWEL Vs. THE REGISTERED TRUSTEES OF MOVIMENTO POPULAR DE LIBERTACAO DE ANGOLA (MPLA) AND 4 OTHERS
COURT OF APPEAL OF TANZANIA
AT DAR ES SALAAM
(Ndika, Fikirini and Kihwelo JJ.A)
CIVIL APPLICATION NO. 562/17 OF 2018
(Application for leave to join Civil Revision No. 1 of 2018 arising from the proceedings of Land Case No. 326 of 2009, High Court of Tanzania (Land Division) at Dar es Salaam by Mgaya J)
Civil Procedure and Practice- Revision- Power of the Chief Justice to initiate revisional proceedings?
Civil Procedure and Practice- Revision- whether application for revision initiated by the Court suo motto is bound by time limitation?
Civil Procedure and Practice- Revision- Application for leave to join revision- what are the conditional precedents for a party seeking to join revision initiated by the Court suo motto?
Facts;
This is an application to join proceedings in Civil Revision No. 1 of 2018 which was initiated by Chief Justice following complaints by Ms. Hamisa Mohsin. The Applicant was not a party in the proceedings before the trial Court. This emanated from a land dispute in Land Case No. 326 of 2009 before the High Court of Tanzania (Land Division) at Dar es Salaam. In the determination of the dispute, the trial Court entered Judgement in favour of the 5th Respondent as the lawful owner of the disputed landed property. The Court further ordered for rectification of the registrar of titles in terms of Section of 71 and 99(1) of the Land Registration Act, Cap 334 R.E 2002.
Held;
1. The Chief Justice has power to initiate revisional proceedings under Section 4(3) of the Appellate Jurisdiction Act, [Cap 141 R.E 2019],
2. The revisional proceedings initiated by the Court suo motto is not bound by time limitation imposed under Rule 65(4) of the Court of Appeal Rules, 2009 as amended.
3. Where revisional proceedings are initiated by the Court suo motto, application to join the proceedings are not automatic right as the same is subject to discretion of the Court as stated in Rule 65(6) of the Court of Appeal Rules, 2009 as amended.
Application was granted with no order costs
Statutory provisions considered;
1. Appellate Jurisdiction Act, Section 4(3)
2. Court of Appeal Rules, 2009 as amended, Rules 65(4), 65(6) | en_US |
| dc.description.abstract | Held;
1. The Chief Justice has power to initiate revisional proceedings under Section 4(3) of the Appellate Jurisdiction Act, [Cap 141 R.E 2019],
2. The revisional proceedings initiated by the Court suo motto is not bound by time limitation imposed under Rule 65(4) of the Court of Appeal Rules, 2009 as amended.
3. Where revisional proceedings are initiated by the Court suo motto, application to join the proceedings are not automatic right as the same is subject to discretion of the Court as stated in Rule 65(6) of the Court of Appeal Rules, 2009 as amended | en_US |
| dc.language.iso | en | en_US |
| dc.publisher | THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM. | en_US |
| dc.subject | DAR ES SALAAM. | en_US |
| dc.title | ABDALLAH THABIT HUWEL VS. THE REGISTERED TRUSTEES OF MOVIMENTO POPULAR DE LIBERTACAO DE ANGOLA (MPLA) AND 4 OTHERS. CIVIL APPLICATION NO. 562/17 OF 2018 | en_US |
| dc.title.alternative | CIVIL APPLICATION NO. 562/17 OF 2018 | en_US |
