EMANNUEL GASPER MASSAWE SCANNED

EMANNUEL GASPER MASSAWE SCANNED

Revision is not available where statutory remedies exist and have not been exhausted; applicant failed to apply to set aside the dismissal order and did not demonstrate any judicial process blocking his right to appeal.

Citation
EMANNUEL GASPER MASSAWE SCANNED
Parties
Applicant: Emmanuel Gasper Massawe; 1st Respondent: CRDB Bank PLC; 2nd Respondent: STP Mark
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
12 July 2023
Procedural Posture
Land Revision / Ruling
Outcome
Application dismissed with costs.
Legal Topics
Revision, Dismissal for Non Appearance, Remedies for Dismissal, Jurisdiction
Source Language
English
Land Law Civil Procedure Revision Dismissal for Non Appearance Remedies for Dismissal Jurisdiction

Case Brief

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Parties

Emmanuel Gasper Massawe

Applicant

CRDB Bank PLC

1st Respondent

STP Mark

2nd Respondent

Procedural Posture

Land Revision / Ruling

Legal Issues

  1. 1 Whether the High Court can exercise revisional powers where statutory remedies exist
  2. 2 Whether the applicant exhausted available remedies before seeking revision
  3. 3 Appropriateness of revision as a remedy for dismissal for non-appearance

Ratio Decidendi

Revision is not available where statutory remedies exist and have not been exhausted; applicant failed to apply to set aside the dismissal order and did not demonstrate any judicial process blocking his right to appeal.

Court Disposition

Application dismissed with costs.

Orders

  • The entire application is dismissed with costs.