ms farhia abdullah noor vs advatech office suppliers ltd another 2020 tzca 373 5 august 2020

ms farhia abdullah noor vs advatech office suppliers ltd another 2020 tzca 373 5 august 2020

The applicant had a right of appeal against the High Court's order, subject to leave, and therefore could not invoke the revisional jurisdiction of the Court of Appeal. The application for revision was incompetent and was struck out.

Citation
ms farhia abdullah noor vs advatech office suppliers ltd another 2020 tzca 373 5 august 2020
Parties
Applicant: Ms. Farhia Abdullah Noor; 1st Respondent: Advatech Office Supplies Limited; 2nd Respondent: Bolsto Solutions Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 August 2020
Procedural Posture
Civil Application for Revision / Ruling on Preliminary Objection Regarding Competence of Revision Application
Outcome
Application struck out with costs
Legal Topics
Revision Jurisdiction, Right of Appeal, Execution of Decree, Civil Imprisonment
Source Language
English
Civil Procedure Appellate Practice Revision Jurisdiction Right of Appeal Execution of Decree Civil Imprisonment

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Parties

Ms. Farhia Abdullah Noor

Applicant

Advatech Office Supplies Limited

1st Respondent

Bolsto Solutions Limited

2nd Respondent

Procedural Posture

Civil Application for Revision / Ruling on Preliminary Objection Regarding Competence of Revision Application

Legal Issues

  1. 1 Whether the applicant was entitled to invoke the revisional jurisdiction of the Court of Appeal instead of appealing against the High Court's ruling
  2. 2 Whether the applicant had a right of appeal against the order of arrest and detention as a civil prisoner

Ratio Decidendi

The applicant had a right of appeal against the High Court's order, subject to leave, and therefore could not invoke the revisional jurisdiction of the Court of Appeal. The application for revision was incompetent and was struck out.

Court Disposition

Application struck out with costs

Orders

  • The application for revision is struck out with costs.