19990219 TZCA Arusha

19990219 TZCA Arusha

Both the revision application and the intended appeal can be dealt with simultaneously under s.4(2) of the Appellate Jurisdiction Act; thus, the application need not be struck out, and the preliminary objection is dismissed.

Citation
19990219 TZCA Arusha
Parties
Applicant: Francis Kwaang Musei; Respondents: Hon. Wilbroad Peter Slaa and Others
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 February 1999
Procedural Posture
Civil Application for Revision / Preliminary Objection Ruling
Outcome
Preliminary objection dismissed; hearing of revision application stayed pending outcome of intended appeal.
Legal Topics
Revision Jurisdiction, Costs Orders, Right of Appeal, Election Petitions
Source Language
English
Civil Procedure Electoral Law Revision Jurisdiction Costs Orders Right of Appeal Election Petitions

Case Brief

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Parties

Francis Kwaang Musei

Applicant

Hon. Wilbroad Peter Slaa and Others

Respondents

Procedural Posture

Civil Application for Revision / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the applicant can seek revision when a right of appeal exists
  2. 2 Whether the application for revision is competent given the pending appeal

Ratio Decidendi

Both the revision application and the intended appeal can be dealt with simultaneously under s.4(2) of the Appellate Jurisdiction Act; thus, the application need not be struck out, and the preliminary objection is dismissed.

Court Disposition

Preliminary objection dismissed; hearing of revision application stayed pending outcome of intended appeal.

Orders

  • Preliminary objection dismissed without order for costs.
  • Hearing of this application stayed pending hearing of the intended appeal.