20000218 TZHC Mbeya

20000218 TZHC Mbeya

The application for revision is incompetent because the ruling of the trial court was appealable to the High Court, and there was no error material to the merits of the case involving injustice to warrant the exercise of revisional powers. The administrative mechanism under Rule 23(1) must be exhausted first.

Citation
20000218 TZHC Mbeya
Parties
Applicant: Edson Mrawa; Respondent: Usongwe AMCOS Ltd.; Respondent: Mbeya Ileje Cooperative Union
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 February 2000
Procedural Posture
Miscellaneous Civil Application for Revision / Ruling on Preliminary Objection and Application for Revision
Outcome
Application dismissed with costs
Legal Topics
Jurisdiction, Revision, Preliminary Objection, Co Operative Society Disputes
Source Language
English
Civil Procedure Co Operative Societies Law Jurisdiction Revision Preliminary Objection Co Operative Society Disputes

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Parties

Edson Mrawa

Applicant

Usongwe AMCOS Ltd.

Respondent

Mbeya Ileje Cooperative Union

Respondent

Procedural Posture

Miscellaneous Civil Application for Revision / Ruling on Preliminary Objection and Application for Revision

Legal Issues

  1. 1 Whether the High Court can entertain a revision where an appeal lies from the Resident Magistrate's Court ruling on jurisdiction in a co-operative society dispute
  2. 2 Whether the trial court erred materially to the merits of the case involving injustice by striking out the suit for want of jurisdiction

Ratio Decidendi

The application for revision is incompetent because the ruling of the trial court was appealable to the High Court, and there was no error material to the merits of the case involving injustice to warrant the exercise of revisional powers. The administrative mechanism under Rule 23(1) must be exhausted first.

Court Disposition

Application dismissed with costs

Orders

  • The application is dismissed as incompetent.
  • Applicant to pay costs.