ester chakupewa vs amasha mpenzi another 2023 tzca 17979 15 december 2023

ester chakupewa vs amasha mpenzi another 2023 tzca 17979 15 december 2023

The High Court erred by revisiting and determining issues already decided in a previous ruling, thus acting without jurisdiction (functus officio), and further erred by dismissing the application after striking it out for incompetence, warranting the quashing of its decision.

Citation
ester chakupewa vs amasha mpenzi another 2023 tzca 17979 15 december 2023
Parties
Applicant: Ester Chakupewa; 1st Respondent: Amasha Mpenzi; 2nd Respondent: John Chakupewa
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 December 2023
Procedural Posture
Civil Application for Revision / Ruling on Application for Revision From High Court Decision
Outcome
Application allowed to the indicated extent; High Court decision quashed to the extent it dismissed the application after striking it out for incompetence; no order as to costs.
Legal Topics
Revision, Functus Officio, Procedural Irregularities, Review Applications
Source Language
English
Civil Procedure Family Law Revision Functus Officio Procedural Irregularities Review Applications

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Parties

Ester Chakupewa

Applicant

Amasha Mpenzi

1st Respondent

John Chakupewa

2nd Respondent

Procedural Posture

Civil Application for Revision / Ruling on Application for Revision From High Court Decision

Legal Issues

  1. 1 Whether the High Court was functus officio in determining issues already decided in a previous ruling
  2. 2 Whether the High Court erred by dismissing the application after striking it out for incompetence

Ratio Decidendi

The High Court erred by revisiting and determining issues already decided in a previous ruling, thus acting without jurisdiction (functus officio), and further erred by dismissing the application after striking it out for incompetence, warranting the quashing of its decision.

Court Disposition

Application allowed to the indicated extent; High Court decision quashed to the extent it dismissed the application after striking it out for incompetence; no order as to costs.

Orders

  • Decision of the High Court in Misc. Civil Application No. 10 of 2013 by Makaramba, J quashed to the extent it relates to dismissing the application after striking it out for being incompetent.
  • No order as to costs.