jamila majala abasi another 2022 tzca 820 20 december 2022

jamila majala abasi another 2022 tzca 820 20 december 2022

The application for revision is incompetent because the High Court decided the application for leave to appeal on merit, not limitation, and the applicant should have filed a second bite application in the Court of Appeal instead of seeking revision.

Citation
jamila majala abasi another 2022 tzca 820 20 december 2022
Parties
Applicant: Jamila Majala; 1st Respondent: Hamza Abasi; 2nd Respondent: Richard Augustine Zuberi t/a Zuberi and Sons Bus Service
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 December 2022
Procedural Posture
Civil Application for Revision / Ruling on Application for Revision
Outcome
Application struck out with costs
Legal Topics
Revision Jurisdiction, Leave to Appeal, Limitation of Actions, Second Bite Applications
Source Language
English
Civil Procedure Limitation Law Appellate Practice Revision Jurisdiction Leave to Appeal Limitation of Actions Second Bite Applications

Case Brief

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Parties

Jamila Majala

Applicant

Hamza Abasi

1st Respondent

Richard Augustine Zuberi t/a Zuberi and Sons Bus Service

2nd Respondent

Procedural Posture

Civil Application for Revision / Ruling on Application for Revision

Legal Issues

  1. 1 Whether the applicant properly invoked the Court's revisional jurisdiction
  2. 2 Whether the High Court decided the application for leave to appeal on limitation or merit
  3. 3 Whether the applicant should have filed a second bite application

Ratio Decidendi

The application for revision is incompetent because the High Court decided the application for leave to appeal on merit, not limitation, and the applicant should have filed a second bite application in the Court of Appeal instead of seeking revision.

Court Disposition

Application struck out with costs

Orders

  • Application for revision struck out
  • Applicant to pay costs