fala so mboje vs kija do mange 2015 tzhc 2193 16 february 2015

fala so mboje vs kija do mange 2015 tzhc 2193 16 february 2015

Failure to supply judgment copy does not justify revision as alternative to appeal; no records proven destroyed or irretrievable; application dismissed.

Citation
fala so mboje vs kija do mange 2015 tzhc 2193 16 february 2015
Parties
Applicant: Fala s/o Mboje; Respondent: Kija d/o Mange
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 February 2015
Procedural Posture
Criminal Revision / Ruling
Outcome
application dismissed
Legal Topics
Revision Proceedings, Appeal Process, Court Records
Source Language
English
Criminal Law Procedural Law Revision Proceedings Appeal Process Court Records

Case Brief

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Parties

Fala s/o Mboje

Applicant

Kija d/o Mange

Respondent

Procedural Posture

Criminal Revision / Ruling

Legal Issues

  1. 1 Whether failure by court to supply copy of judgment and records for appeal purposes is a good cause for pursuing revisional proceedings as alternative to appeal process

Ratio Decidendi

Failure to supply judgment copy does not justify revision as alternative to appeal; no records proven destroyed or irretrievable; application dismissed.

Court Disposition

application dismissed

Orders

  • Registrar to follow up and trace lower court records and bring them together with this file immediately.
  • Right of appeal explained.