20150605 TZCA Mwanza

20150605 TZCA Mwanza

The application was dismissed because the applicant failed to show good cause for the delay and revision was not a tenable remedy where a right of appeal existed.

Citation
20150605 TZCA Mwanza
Parties
Applicant: Charles Malesa; Respondent: Pravin Shan; Respondent: S. L. Isangi Auction Mart & Court Broker @ Bingwa wa Minada Tanzania
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 June 2015
Procedural Posture
Civil Application / Ruling on Application for Leave to File Revision Out of Time
Outcome
Application dismissed with costs
Legal Topics
Summary Procedure, Leave to File Out of Time, Appeal Vs Revision, Land Disputes
Source Language
English

Case Brief

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Parties

Charles Malesa

Applicant

Pravin Shan

Respondent

S. L. Isangi Auction Mart & Court Broker @ Bingwa wa Minada Tanzania

Respondent

Procedural Posture

Civil Application / Ruling on Application for Leave to File Revision Out of Time

  1. 1 Whether the applicant has shown good cause for delay in filing the application for revision out of time
  2. 2 Whether revision is tenable where appeal was available as a remedy

Ratio Decidendi

The application was dismissed because the applicant failed to show good cause for the delay and revision was not a tenable remedy where a right of appeal existed.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicant to pay costs