20040602 TZCA Mbeya3

20040602 TZCA Mbeya3

The Court of Appeal cannot entertain an application for revision where the High Court summarily rejected an appeal from the Primary Court and dismissed a review application, as the High Court lacks jurisdiction to review such matters and the application for revision circumvents the statutory requirement of a certificate on point of law. The application is misconceived and must be struck out.

Citation
20040602 TZCA Mbeya3
Parties
Applicant: Benedict Mabalanganya; Respondent: Romwald Sanga
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 June 2004
Procedural Posture
Civil Application / Ruling on Application for Revision
Outcome
Application struck out with costs
Legal Topics
Revision Jurisdiction, Summary Rejection of Appeals, Jurisdiction of High Court, Requirement of Certificate on Point of Law
Source Language
English
Civil Procedure Appellate Practice Revision Jurisdiction Summary Rejection of Appeals Jurisdiction of High Court Requirement of Certificate on Point of Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Benedict Mabalanganya

Applicant

Romwald Sanga

Respondent

Procedural Posture

Civil Application / Ruling on Application for Revision

Legal Issues

  1. 1 Whether the Court of Appeal can entertain a revision application where the High Court summarily rejected an appeal from the Primary Court and subsequently dismissed a review application
  2. 2 Whether the High Court has jurisdiction to review its own decision in matters originating from the Primary Court
  3. 3 Whether an application for revision to the Court of Appeal circumvents the statutory requirement of a certificate on point of law

Ratio Decidendi

The Court of Appeal cannot entertain an application for revision where the High Court summarily rejected an appeal from the Primary Court and dismissed a review application, as the High Court lacks jurisdiction to review such matters and the application for revision circumvents the statutory requirement of a certificate on point of law. The application is misconceived and must be struck out.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs under Rule 3(2)(c) for preventing abuse of the process of the Court.