mahmud shamte vs mary shamte 2006 tzhc 44 24 may 2006

mahmud shamte vs mary shamte 2006 tzhc 44 24 may 2006

Revision cannot substitute an appeal that has been struck out; applicant's grounds are appeal grounds, not revision grounds; application for extension of time to file revision is rejected.

Citation
mahmud shamte vs mary shamte 2006 tzhc 44 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, Appeals, Jurisdiction
Source Language
English
Family Law Civil Procedure Extension of Time Revision Appeals Jurisdiction

Case Brief

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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. 1 Whether extension of time should be granted to file an application for revision of the judgment and decree of the Resident Magistrate's Court in Matrimonial Cause No. 66 of 1996
  2. 2 Whether revision can be used as a substitute for an appeal that has been struck out

Ratio Decidendi

Revision cannot substitute an appeal that has been struck out; applicant's grounds are appeal grounds, not revision grounds; application for extension of time to file revision is rejected.

Court Disposition

application rejected

Orders

  • no order as to costs