paskali arusha vs mosses mollel 2014 tzca 180 31 october 2014

The application was incompetent for citing the wrong enabling provision of law and for not following the proper procedure after refusal of leave to appeal by the High Court.

Citation: paskali arusha vs mosses mollel 2014 tzca 180 31 october 2014
Parties: Applicant: Paskali Arusha; Respondent: Mosses Mollel
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 31 October 2014
Procedural Posture: Civil Revision / Ruling on Preliminary Objection (competence of Application)
Outcome: Application struck out
Legal Topics: Appellate Procedure, Revision Jurisdiction, Leave to Appeal, Proper Citation of Enabling Provisions
Source Language: English

Civil Procedure Land Law Appellate Procedure Revision Jurisdiction Leave to Appeal Proper Citation of Enabling Provisions

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Parties

Paskali Arusha

Applicant

Mosses Mollel

Respondent

Procedural Posture

Civil Revision / Ruling on Preliminary Objection (competence of Application)

Legal Issues

1 Whether an application for revision under Rule 65 of the Court of Appeal Rules 2009 is competent for invoking the Court's revisional jurisdiction
2 Whether the applicant should have proceeded by way of a fresh application for leave to appeal after refusal by the High Court

Ratio Decidendi

The application was incompetent for citing the wrong enabling provision of law and for not following the proper procedure after refusal of leave to appeal by the High Court.

Court Disposition

Application struck out

Orders

Application struck out
No order as to costs