20161207 TZCA Zanzibar

20161207 TZCA Zanzibar

The order made by the Chief Justice was interlocutory and did not conclusively determine the rights of the parties in Civil Case No. 48 of 2015. Revision is barred by section 5(2)(d) of the Appellate Jurisdiction Act. The application is struck out with costs.

Citation
20161207 TZCA Zanzibar
Parties
Applicant: Munira Hussein Haji; Respondent: William Casimiro Rodrigues
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 December 2016
Procedural Posture
Civil Revision / Ruling on Preliminary Objection
Outcome
application struck out
Legal Topics
Amendment of Pleadings, Interlocutory Orders, Revision Jurisdiction
Source Language
English
Civil Procedure Amendment of Pleadings Interlocutory Orders Revision Jurisdiction

Case Brief

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Parties

Munira Hussein Haji

Applicant

William Casimiro Rodrigues

Respondent

Procedural Posture

Civil Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the order of the Chief Justice striking out the written statement of defence and granting leave to amend the plaint was irregular and subject to revision
  2. 2 Whether the order was interlocutory and barred from revision under section 5(2)(d) of the Appellate Jurisdiction Act

Ratio Decidendi

The order made by the Chief Justice was interlocutory and did not conclusively determine the rights of the parties in Civil Case No. 48 of 2015. Revision is barred by section 5(2)(d) of the Appellate Jurisdiction Act. The application is struck out with costs.

Court Disposition

application struck out

Orders

  • Preliminary objection upheld
  • Application for revision struck out with costs