19890721 TZCA Dar es Salaam

The High Court judge was not entitled to review his own revisional order as the grounds under Order 42 were not met; the proper course for Chuma was to appeal, not seek review.

Citation: 19890721 TZCA Dar es Salaam
Parties: Appellant: Paulo Lema; Respondent: Wilson Chuma
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 21 July 1989
Procedural Posture: Civil Appeal / Appeal From High Court Review Order
Outcome: appeal allowed
Legal Topics: Review of Judgment, Injunctions, Public Auction Sales, Effect of Injunction on Property Transfer
Source Language: English

Civil Procedure Property Law Review of Judgment Injunctions Public Auction Sales Effect of Injunction on Property Transfer

Case Brief

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Parties

Paulo Lema

Appellant

Wilson Chuma

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Review Order

Legal Issues

1 Whether the High Court judge was entitled to review his own revisional order under Order 42 of the Civil Procedure Code
2 Whether the sale of the house to the appellant at public auction was valid despite a prior injunction

Ratio Decidendi

The High Court judge was not entitled to review his own revisional order as the grounds under Order 42 were not met; the proper course for Chuma was to appeal, not seek review.

Court Disposition

appeal allowed

Orders

The High Court's review order is set aside.
The revisional order confirming the sale to the appellant is restored.