19910809 TZHC Dar es Salaam

The High Court lacks jurisdiction to revise interlocutory orders under Section 79 of the Civil Procedure Code as such orders are not 'decided cases'; the application is dismissed.

Citation: 19910809 TZHC Dar es Salaam
Parties: Applicant/defendant: H. C. Njiff Lyimo; Respondent/plaintiff: Plaintiff (unnamed)
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 9 August 1991
Procedural Posture: Civil Revision / Ruling on Application for Revision
Outcome: application dismissed
Legal Topics: Revision, Interlocutory Orders, Temporary Injunction, Jurisdiction
Source Language: English

Civil Procedure Revision Interlocutory Orders Temporary Injunction Jurisdiction

Case Brief

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Parties

H. C. Njiff Lyimo

Applicant/defendant

Plaintiff (unnamed)

Respondent/plaintiff

Procedural Posture

Civil Revision / Ruling on Application for Revision

Legal Issues

1 Whether the High Court can revise an interlocutory order under Section 79 of the Civil Procedure Code
2 Whether Section 95 of the Civil Procedure Code or Section 44 of the Magistrates' Court Act, 1984, confer revisional jurisdiction over interlocutory orders

Ratio Decidendi

The High Court lacks jurisdiction to revise interlocutory orders under Section 79 of the Civil Procedure Code as such orders are not 'decided cases'; the application is dismissed.

Court Disposition

application dismissed

Orders

application for revision dismissed with costs