19950616 TZCA Zanzibar

19950616 TZCA Zanzibar

The appellant went to the wrong forum for review, as the High Court lacked jurisdiction to review its own judgment after the Court of Appeal had delivered its judgment. The proper forum for review was the Court of Appeal itself.

Citation
19950616 TZCA Zanzibar
Parties
Appellant: Mkuuwo Iddi Msiiri; Respondent: Mrs. J.Y.L. Jofel
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 June 1995
Procedural Posture
Civil Appeal / Appeal From High Court Judgment to Court of Appeal
Outcome
appeal dismissed with costs
Legal Topics
Review of Judgment, Jurisdiction, Conveyance of Property, Limitation of Actions
Source Language
English
Civil Procedure Property Law Review of Judgment Jurisdiction Conveyance of Property Limitation of Actions

Case Brief

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Parties

Mkuuwo Iddi Msiiri

Appellant

Mrs. J.Y.L. Jofel

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment to Court of Appeal

Legal Issues

  1. 1 Whether the High Court had jurisdiction to review its own judgment after the Court of Appeal had delivered its judgment
  2. 2 Whether the application for review was time-barred
  3. 3 Whether newly discovered evidence justified review

Ratio Decidendi

The appellant went to the wrong forum for review, as the High Court lacked jurisdiction to review its own judgment after the Court of Appeal had delivered its judgment. The proper forum for review was the Court of Appeal itself.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to respondent