20131212 TZCA Dar es Salaam
The Court has no jurisdiction to entertain a further review of its decision made on review, as Rule 66(7) of the Court of Appeal Rules, 2009, renders such decisions final. The application is a review on a review, which is not permitted. The applicant was not denied the right to be heard, and the issue of jurisdiction of the executing court should have been raised in the High Court, not in the Court of Appeal.
- Citation
- 20131212 TZCA Dar es Salaam
- Parties
- Applicant: AMI Tanzania Limited; 1st Respondent: OITU on behalf of P.L. Assenga & 106 Others; 2nd Respondent: Super Auction Mart & Court Brokers; 3rd Respondent: The Royale Orchard Inn Ltd; 4th Respondent: Amikan Venture Limited
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 12 December 2013
- Procedural Posture
- Civil Application / Application for Review of Decision on Prior Review
- Outcome
- Application dismissed
- Legal Topics
- Finality of Review Decisions, Jurisdiction of Executing Court, Right to Be Heard, Execution Proceedings, Abuse of Process
- Source Language
- English
Case Brief
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Parties
AMI Tanzania Limited
Applicant
OITU on behalf of P.L. Assenga & 106 Others
1st Respondent
Super Auction Mart & Court Brokers
2nd Respondent
The Royale Orchard Inn Ltd
3rd Respondent
Amikan Venture Limited
4th Respondent
Procedural Posture
Civil Application / Application for Review of Decision on Prior Review
Legal Issues
- 1 Whether a further review is permissible after a decision on review under Rule 66(7) of the Court of Appeal Rules, 2009
- 2 Whether the applicant was denied the right to be heard
- 3 Whether the executing High Court had jurisdiction to execute the decree
Ratio Decidendi
The Court has no jurisdiction to entertain a further review of its decision made on review, as Rule 66(7) of the Court of Appeal Rules, 2009, renders such decisions final. The application is a review on a review, which is not permitted. The applicant was not denied the right to be heard, and the issue of jurisdiction of the executing court should have been raised in the High Court, not in the Court of Appeal.
Court Disposition
Application dismissed
Orders
- Application dismissed with costs
Full Case Text
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