20150528 TZHC Dodoma

20150528 TZHC Dodoma

The application for revision is incompetent because the applicants had a right of appeal and revision is not available where appeal lies; the preliminary objections on title and limitation lack merit, but the substantive application is struck out for being an improper invocation of revisional jurisdiction.

Citation
20150528 TZHC Dodoma
Parties
Applicants: Azizi Mbogolume & 3 Others; Respondent: Capital Development Authority
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 May 2015
Procedural Posture
Miscellaneous Land Case Application (revision) / Ruling on Application for Revision and Preliminary Objections
Outcome
Application struck out with costs
Legal Topics
Revision Jurisdiction, Representative Suits, Limitation of Actions, Appeal Vs. Revision
Source Language
English
Land Law Civil Procedure Revision Jurisdiction Representative Suits Limitation of Actions Appeal Vs. Revision

Case Brief

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Parties

Azizi Mbogolume & 3 Others

Applicants

Capital Development Authority

Respondent

Procedural Posture

Miscellaneous Land Case Application (revision) / Ruling on Application for Revision and Preliminary Objections

Legal Issues

  1. 1 Whether the application for revision was properly before the court given the right of appeal existed
  2. 2 Whether the District Land and Housing Tribunal erred in refusing to allow a representative suit under Order 1 Rule 8 of the Civil Procedure Act
  3. 3 Whether the application was time-barred or defective for not being titled 'revision'

Ratio Decidendi

The application for revision is incompetent because the applicants had a right of appeal and revision is not available where appeal lies; the preliminary objections on title and limitation lack merit, but the substantive application is struck out for being an improper invocation of revisional jurisdiction.

Court Disposition

Application struck out with costs

Orders

  • Application for revision is struck out with costs
  • Right of appeal explained