afritoki enterprises co ltd vs pacific international lines t ltd 2017 tzca 206 5 july 2017
The application was not brought under the proper enabling provision, namely section 4(3) of the Appellate Jurisdiction Act, and thus is incompetent and cannot invoke the Court's revisional jurisdiction.
- Citation
- afritoki enterprises co ltd vs pacific international lines t ltd 2017 tzca 206 5 july 2017
- Parties
- Applicant: Afritoki Enterprises Co. Ltd; Respondent: Pacific International Lines (T) Ltd
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 5 July 2017
- Procedural Posture
- Civil Revision Application / Ruling on Preliminary Objection
- Outcome
- application struck out
- Legal Topics
- Wrong Citation of Enabling Provision, Revisional Jurisdiction, Contractual Jurisdiction Clause
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Afritoki Enterprises Co. Ltd
Applicant
Pacific International Lines (T) Ltd
Respondent
Procedural Posture
Civil Revision Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application was properly brought under the correct enabling provision for revisional jurisdiction
- 2 Whether non-citation of section 4(3) of the Appellate Jurisdiction Act renders the application incompetent
Ratio Decidendi
The application was not brought under the proper enabling provision, namely section 4(3) of the Appellate Jurisdiction Act, and thus is incompetent and cannot invoke the Court's revisional jurisdiction.
Court Disposition
application struck out
Orders
- application struck out with costs
Full Case Text
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