RULING CMG CONSTRUCTION COMPANY LTD VS HERFRID JOHN MGENI print

RULING CMG CONSTRUCTION COMPANY LTD VS HERFRID JOHN MGENI print

The decision under section 89 of the Civil Procedure Code is a decree and therefore appealable; revision cannot be used as an alternative to appeal when the right of appeal exists. The applicant had an available remedy by way of appeal and thus the application for revision is misconceived.

Citation
RULING CMG CONSTRUCTION COMPANY LTD VS HERFRID JOHN MGENI print
Parties
Applicant: CMG Construction Co. Limited; 1st Respondent: Herfrid John Mgeni; 2nd Respondent: Mohamed Ally Mashango t/a Mashango Investment Company Ltd; 3rd Respondent: Laroy Aggregate Limited; 4th Respondent: Christopher Mbwilo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2003
Procedural Posture
Civil Revision / Ruling on Preliminary Objection
Outcome
application struck out with costs
Legal Topics
Revision Vs Appeal, Jurisdiction, Restitution of Property, Preliminary Objection
Source Language
English
Civil Procedure Revision Vs Appeal Jurisdiction Restitution of Property Preliminary Objection

Case Brief

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Parties

CMG Construction Co. Limited

Applicant

Herfrid John Mgeni

1st Respondent

Mohamed Ally Mashango t/a Mashango Investment Company Ltd

2nd Respondent

Laroy Aggregate Limited

3rd Respondent

Christopher Mbwilo

4th Respondent

Procedural Posture

Civil Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for revision is maintainable when an appeal is available
  2. 2 Whether the decision under section 89 of the Civil Procedure Code is appealable

Ratio Decidendi

The decision under section 89 of the Civil Procedure Code is a decree and therefore appealable; revision cannot be used as an alternative to appeal when the right of appeal exists. The applicant had an available remedy by way of appeal and thus the application for revision is misconceived.

Court Disposition

application struck out with costs

Orders

  • Application struck out with costs