mahmud shamte vs mary shamte 2006 tzhc 43 24 may 2006

Revision cannot be used as a substitute for appeal which has been struck out; grounds for appeal do not justify revision; application for extension of time to file revision is rejected.

Citation: mahmud shamte vs mary shamte 2006 tzhc 43 24 may 2006
Parties: Applicant: Mahmud Shamte; Respondent: Mary Shamte
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 24 May 2006
Procedural Posture: Civil Revision / Ruling on Application for Extension of Time
Outcome: application rejected
Legal Topics: Extension of Time, Revision, Jurisdiction, Appeals in Matrimonial Cases
Source Language: English

Family Law Civil Procedure Extension of Time Revision Jurisdiction Appeals in Matrimonial Cases

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Parties

Mahmud Shamte

Applicant

Mary Shamte

Respondent

Procedural Posture

Civil Revision / Ruling on Application for Extension of Time

Legal Issues

1 Whether extension of time should be granted to file application for revision of judgment and decree in Matrimonial Cause No.66 of 1996
2 Whether revision can be used as a substitute for appeal after appeal is struck out
3 Jurisdiction of the High Court to hear appeals from Resident Magistrate's Court in matrimonial matters

Ratio Decidendi

Revision cannot be used as a substitute for appeal which has been struck out; grounds for appeal do not justify revision; application for extension of time to file revision is rejected.

Court Disposition

application rejected

Orders

application for extension of time is rejected
no order as to costs