barclays bank t ltd vs tanzania pharmaceuticals industries ltd others 2022 tzca 520 26 august 2022

barclays bank t ltd vs tanzania pharmaceuticals industries ltd others 2022 tzca 520 26 august 2022

The dismissal order of the High Court conclusively determined the rights of the parties and thus amounted to a decree, making it appealable and not subject to revision; the application for revision was misconceived.

Citation
barclays bank t ltd vs tanzania pharmaceuticals industries ltd others 2022 tzca 520 26 august 2022
Parties
Applicant: Barclays Bank (T) Ltd; 1st Respondent: Tanzania Pharmaceuticals Industries Ltd; 2nd Respondent: Ramadhani Madabida; 3rd Respondent: Salum Shamte; 4th Respondent: Zarina Madabida
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 August 2022
Procedural Posture
Civil Application for Revision / Ruling on Propriety of Revision Application
Outcome
Application struck out as misconceived
Legal Topics
Appeals, Revision, Decree Vs Order, Dismissal for Default, Res Judicata
Source Language
English
Civil Procedure Banking Law Appeals Revision Decree Vs Order Dismissal for Default Res Judicata

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Parties

Barclays Bank (T) Ltd

Applicant

Tanzania Pharmaceuticals Industries Ltd

1st Respondent

Ramadhani Madabida

2nd Respondent

Salum Shamte

3rd Respondent

Zarina Madabida

4th Respondent

Procedural Posture

Civil Application for Revision / Ruling on Propriety of Revision Application

Legal Issues

  1. 1 Whether the dismissal order of the High Court for want of prosecution is appealable or revisable
  2. 2 Whether the order amounts to a decree or an order under the Civil Procedure Code

Ratio Decidendi

The dismissal order of the High Court conclusively determined the rights of the parties and thus amounted to a decree, making it appealable and not subject to revision; the application for revision was misconceived.

Court Disposition

Application struck out as misconceived

Orders

  • Application struck out
  • No order as to costs