munira hussein haji vs william casimiro rodrigues 2016 tzca 2057 7 december 2016

munira hussein haji vs william casimiro rodrigues 2016 tzca 2057 7 december 2016

The order made by the Chief Justice was interlocutory and did not finally determine the rights of the parties; therefore, revision is barred by section 5(2)(d) of the Appellate Jurisdiction Act. The preliminary objection is upheld and the application is struck out with costs.

Citation
munira hussein haji vs william casimiro rodrigues 2016 tzca 2057 7 december 2016
Parties
Applicant: Munira Hussein Haji; Respondent: William Casimiro Rodrigues
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 December 2016
Procedural Posture
Civil Application for Revision / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Revision, Interlocutory Orders, Jurisdiction, Amendment of Pleadings
Source Language
English
Civil Procedure Revision Interlocutory Orders Jurisdiction Amendment of Pleadings

Case Brief

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Parties

Munira Hussein Haji

Applicant

William Casimiro Rodrigues

Respondent

Procedural Posture

Civil Application for Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the order of the Chief Justice was interlocutory or final
  2. 2 Whether revision is maintainable against an interlocutory order under section 5(2)(d) of the Appellate Jurisdiction Act
  3. 3 Whether the notice of motion was incurably defective for non-compliance with procedural rules

Ratio Decidendi

The order made by the Chief Justice was interlocutory and did not finally determine the rights of the parties; therefore, revision is barred by section 5(2)(d) of the Appellate Jurisdiction Act. The preliminary objection is upheld and the application is struck out with costs.

Court Disposition

Application struck out with costs

Orders

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