BARCLAYS BANK (T) LTD v. TANZANIA PHARMACEUTICALS INDUSTRIES LTD AND OTHERS, CIVIL APPLICATION NO. 231/16 OF 2010

Abstract

Held; (i) Failure to comply with procedural requirements, such as filing witness statements before the hearing, prevents the hearing from proceeding, as witness statements are essential for the tendering of documents, cross examination, and re examination. A dismissal based on such failure conclusively determines the rights of the parties (ii) A dismissal order that conclusively determines the rights of the parties amounts to a decree open to appeal and not revision. (iii) revision is not an alternative to appeal.