felix lendita vs michael longidu 2018 tzca 299 10 december 2018

felix lendita vs michael longidu 2018 tzca 299 10 december 2018

The application for revision was incompetent because the applicant had a right of appeal under section 47(1)(2) of the Land Disputes Courts Act; revisional jurisdiction cannot be used as an alternative to appeal except in exceptional circumstances, which were not shown.

Citation
felix lendita vs michael longidu 2018 tzca 299 10 december 2018
Parties
Applicant: Felix Lendita; Respondent: Michael Long’idu
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 December 2018
Procedural Posture
Civil Application for Revision / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Revision, Right of Appeal, Jurisdiction, Preliminary Objection
Source Language
English
Civil Procedure Land Law Revision Right of Appeal Jurisdiction Preliminary Objection

Case Brief

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Parties

Felix Lendita

Applicant

Michael Long’idu

Respondent

Procedural Posture

Civil Application for Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the applicant could invoke the Court's revisional jurisdiction when a right of appeal existed
  2. 2 Whether section 4(3) of the Appellate Jurisdiction Act was properly invoked
  3. 3 Whether the application was incompetent due to procedural defects

Ratio Decidendi

The application for revision was incompetent because the applicant had a right of appeal under section 47(1)(2) of the Land Disputes Courts Act; revisional jurisdiction cannot be used as an alternative to appeal except in exceptional circumstances, which were not shown.

Court Disposition

Application struck out with costs

Orders

  • Application struck out
  • Applicant to pay costs