20191011 TZHC Dar es Salaam 1

20191011 TZHC Dar es Salaam 1

The application for revision was incompetent because the applicant had been granted leave to appeal out of time and failed to utilize that right. The grounds raised were appealable and should have been brought by way of appeal, not revision.

Citation
20191011 TZHC Dar es Salaam 1
Parties
Applicant: Toyota Tanzania Limited; Respondent: Justin Joel K. Moshi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 October 2019
Procedural Posture
Civil Revision / Ruling on Preliminary Objection
Outcome
Application dismissed with costs
Legal Topics
Revision, Execution Proceedings, Extension of Time, Appeal Process
Source Language
English
Civil Procedure Revision Execution Proceedings Extension of Time Appeal Process

Case Brief

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Parties

Toyota Tanzania Limited

Applicant

Justin Joel K. Moshi

Respondent

Procedural Posture

Civil Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for revision was competent given the applicant had been granted leave to appeal out of time
  2. 2 Whether the grounds raised should have been brought by way of appeal rather than revision

Ratio Decidendi

The application for revision was incompetent because the applicant had been granted leave to appeal out of time and failed to utilize that right. The grounds raised were appealable and should have been brought by way of appeal, not revision.

Court Disposition

Application dismissed with costs

Orders

  • Plea in limine litis sustained
  • Application dismissed with costs