Browsing Revision by Issue Date
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NONDO KALOMBOLA t/a N J. PETROLEUM SPRL AND ANOTHER VS. BROADGAS PETROLEUM (TZ) LIMITED AND 3 OTHERS. CONSOLIDATED CIVIL APPLICATIONS NOs. 165/16 & 518/16 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-06-24)Held i) Court’s power of revision can only be invoked where there is no right of appeal, where right of appeal exists but has been blocked by judicial process, there is existence of special circumstances and where a person ... -
COMPUTER LOGIX LIMITED AND ANOTHER VS. ZAMZAM SHADADIISSA AND SEIF ISSA FIKIRINI (Administrators of the estate of the late FIKIRINI ISSA KOCHO. CIVIL APPLICATION NO. 538/01 OF 2018.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-07-29)1. Exclusion of time spent in preparation and supply of a certified copy of proceedings apply only to an appeal, not an application. Thus, the provision of Rule 90(1) can not be invoked where the applicant fails to lodge ... -
PRAKSED BARNABAS (Legal representative of HARRISON MAN DALI AND 9 OTHERS VS. THE REGISTERED TRUSTEES OF THE ARCHDIOCESE OF DAR ES SALAAM. CIVIL APPLICATION NO. 480/17 OF 2020.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-26)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 ... -
ATTORNEY GENERAL VS. MKONGO BUILDING AND CIVIL WORKS CONTRACTORS LTD CIVIL APPLICATION NO. 166/16 OF 2020 AND ANOTHER
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-01)Held; i. It is settled that any person not being a party to the proceedings of the Subordinate Court with Extended Jurisdiction or the High Court has no right of appeal and thus his only recourse to the Court is an ... -
UBAYA SALEH MNYIMADI VS. BENJAMIN SENGEREMA CHAYAI AND ANOTHER CIVIL APPLICATION NO. 568/17 OF 2020
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-07)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 ... -
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
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-12)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 ... -
GOLDEN PALM LIMITED VS. COSMOS PROPERTIES LIMITED. CIVIL APPLICATION NO. 561/01 OF 2019
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-12)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 ... -
RUTH MAKARANGA VS. SALUM AYUBU. CIVIL APPLICATION NO. 363/17 OF 2021
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-13)Held; 1. As a general rule it is the duty of the applicant to lodge with the Court a complete record of the proceedings sought to be revised as stated in the case of Zanair Limited and Another v. Hassan & Sons Ltd, Civil ... -
SAMUELI KOBELO MUHULO VS. NATIONAL HOUSING CORPORATION. CIVIL APPLICATION NO. 442/17 OF 2018
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-13)Held; 1. The Court reinstated its earlier position 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 Another [1995] T.L.R 134, Kezia ... -
RAMADHANI MIKIDADI VS. TANGA CEMENT COMPANY LTD. CIVIL APPLICATION NO. 275/01 OF 2019
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-09-16)Held: (i) It is now settled that the Court’s revisional power is exercised under exceptional circumstances. The fact that revisional powers of the Court can only be exercised where there is no right of appeal is well settled ...
