20130700 TZCA Iringa

20130700 TZCA Iringa

The application is incompetent because the powers of revision under section 4(2) of the Act can only be exercised when the Court is hearing an appeal, and the necessary documents (decision of the High Court) were not filed with the application.

Citation
20130700 TZCA Iringa
Parties
Applicant: Raphael Edward Mkingule; Respondent: Sylvanus Kimenya
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 August 2013
Procedural Posture
Civil Application for Revision / Ruling on Competence of Application
Outcome
Application struck out as incompetent
Legal Topics
Revision, Appellate Jurisdiction, Competence of Application
Source Language
English
Civil Procedure Revision Appellate Jurisdiction Competence of Application

Case Brief

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Parties

Raphael Edward Mkingule

Applicant

Sylvanus Kimenya

Respondent

Procedural Posture

Civil Application for Revision / Ruling on Competence of Application

Legal Issues

  1. 1 Whether the application for revision is competent under section 4(2) of the Appellate Jurisdiction Act
  2. 2 Whether the necessary documents were filed to support the application for revision

Ratio Decidendi

The application is incompetent because the powers of revision under section 4(2) of the Act can only be exercised when the Court is hearing an appeal, and the necessary documents (decision of the High Court) were not filed with the application.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out