| dc.contributor.author | NDIKA. J.A., FIKIRINI. J.A., And KIHWELO. J.A. | |
| dc.date.accessioned | 2023-05-04T06:44:38Z | |
| dc.date.available | 2023-05-04T06:44:38Z | |
| dc.date.issued | 2022-09-12 | |
| dc.identifier.uri | http://localhost/handle/123456789/1194 | |
| dc.description | GOLDEN PALM LIMITED VS. COSMOS PROPERTIES LIMITED
COURT OF APPEAL OF TANZANIA
AT DAR ES SALAAM
(Ndika, Fikirini and Kihwelo JJ.A)
CIVIL APPLICATION NO. 561/01 OF 2019
(Application for Revision from the decision of the High Court of Tanzania at Dar es Salaam in Civil Case No. 154 of 2014 by Mutungi J)
Civil Procedure and Practice- Revision- Whether the decision of high refusing grant of extension of time is subject to revisional power of the Court of Appeal?
Civil Procedure and Practice- Application to set aside dismissal order- whether the decision declining to set aside dismissal order is appealable?
Facts;
This is an application for revision of the order of the High Court in Civil Case No.154 of 2014 where the trial Court dismissed the suit. The basis for this application is borne on the ground that the trial Court had no jurisdiction to determine the suit whos the subject matter was a landed property and the fact that the trial Court refused to extend time for which an application for review on ground of jurisdiction may be raised despite the fact that the question of jurisdiction may be raised at any time.
At the trial Court the suit was dismissed for non-appearance of the Applicant. The Applicant attempted to have the suit restored by preferring the application to set aside dismissal order unsuccessfully. The Applicant decided to apply for extension of time for which to lodge a review which also was unsuccessfully and dismissed with costs. Being further aggrieved, the Applicant lodged an application for extension of time before the Court of Appeal for which to lodge revision which was granted and hence this application for revision.
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.
Statutory provisions referred;
1. Appellate Jurisdiction Act, Section 5(1)(c)
Case law referred to;
1. Halais Pro-Chemie v. Wella A.G. [1996] T.L.R. 269;
2. Moses Mwakibete v. The Editor - Uhuru, Shirika la Magazeti ya Chama and National Printing Co. Ltd [1995] T.L.R. 134 and
3. Transport Equipment Ltd. v. Devram P. Valambhia [1995] T.L.R. 161 | en_US |
| dc.description.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 | 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 | GOLDEN PALM LIMITED VS. COSMOS PROPERTIES LIMITED. CIVIL APPLICATION NO. 561/01 OF 2019 | en_US |
| dc.title.alternative | CIVIL APPLICATION NO. 561/01 OF 2019 | en_US |
