20111220 TZHC Dar es Salaam

20111220 TZHC Dar es Salaam

The application for revision is time-barred in respect of all orders and decisions except the refusal to commence the trial de novo. The refusal to start the trial afresh is a discretionary decision by the magistrate and not subject to revision. No special circumstances or errors material to the case and involving injustice have been established to warrant the court's intervention by way of revision.

Citation
20111220 TZHC Dar es Salaam
Parties
Applicant: Reginald Mengi; Applicant: Independent Television; Respondent: Yusuf Manji
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 December 2011
Procedural Posture
Civil Revision / Ruling on Preliminary Objections
Outcome
Preliminary objections upheld in part; application dismissed as time-barred and incompetent.
Legal Topics
Revision, Limitation of Actions, Interlocutory Orders, Discretion of Court
Source Language
English
Civil Procedure Revision Limitation of Actions Interlocutory Orders Discretion of Court

Case Brief

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Parties

Reginald Mengi

Applicant

Independent Television

Applicant

Yusuf Manji

Respondent

Procedural Posture

Civil Revision / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application for revision is time-barred under the Law of Limitation Act
  2. 2 Whether the orders and decisions sought to be revised are amenable to revision under the Civil Procedure Code
  3. 3 Whether the refusal to commence trial de novo constitutes a revisable error

Ratio Decidendi

The application for revision is time-barred in respect of all orders and decisions except the refusal to commence the trial de novo. The refusal to start the trial afresh is a discretionary decision by the magistrate and not subject to revision. No special circumstances or errors material to the case and involving injustice have been established to warrant the court's intervention by way of revision.

Court Disposition

Preliminary objections upheld in part; application dismissed as time-barred and incompetent.

Orders

  • Application for revision dismissed
  • No order as to costs