GOLDEN PALM LIMITED VS. COSMOS PROPERTIES LIMITED. CIVIL APPLICATION NO. 561/01 OF 2019

Abstract

Held; 1. A party to the proceedings before the High Court cannot invoke revisional powers of the Court of Appeal as alternative to the appellate powers unless there are exceptional circumstances warranting that course or where the appellate process has been blocked by judicial process. The Court relied on the principles stated in the case of Halais Pro-Chemie v. Wella A.G. [1996] T.L.R. 269; Moses Mwakibete v. The Editor - Uhuru, Shirika la Magazeti ya Chama and National Printing Co. Ltd [1995] T.L.R. 134 and Transport Equipment Ltd. v. Devram P. Valambhia [1995] T.L.R. 161

2. The High Court's order refusing to set aside the dismissal had the effect of finally and conclusively determining the rights of the parties in the suit, therefore the order is appealable to this Court in terms of section 5 (1) (c) of the Appellate Jurisdiction Act.

Application was strike out with no order to costs