2019NA TZCA Dar es Salaam

2019NA TZCA Dar es Salaam

The application for revision is incompetent because a notice of appeal against the High Court decision has been lodged and not withdrawn, thus the appellate process has been initiated and revision jurisdiction cannot be exercised simultaneously.

Citation
2019NA TZCA Dar es Salaam
Parties
Applicant: Attorney General; 1st Respondent: Hammers Incorporation Co. Ltd; 2nd Respondent: Board of Trustees of the Cashewnut Industry Development Fund
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Civil Application for Revision / Ruling on Preliminary Objection
Outcome
Application struck out as incompetent
Legal Topics
Revision Jurisdiction, Notice of Appeal, Competence of Application, Government Property Attachment, Arbitration Clause
Source Language
English
Civil Procedure Appellate Practice Revision Jurisdiction Notice of Appeal Competence of Application Government Property Attachment Arbitration Clause

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Parties

Attorney General

Applicant

Hammers Incorporation Co. Ltd

1st Respondent

Board of Trustees of the Cashewnut Industry Development Fund

2nd Respondent

Procedural Posture

Civil Application for Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for revision is competent when a notice of appeal has been lodged and not withdrawn
  2. 2 Whether the Court can exercise revision jurisdiction when appellate process is ongoing

Ratio Decidendi

The application for revision is incompetent because a notice of appeal against the High Court decision has been lodged and not withdrawn, thus the appellate process has been initiated and revision jurisdiction cannot be exercised simultaneously.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out with no order as to costs