rose joseph vs idd magoti 2020 tzhc 668 24 april 2020

The application for revision was incompetent because the applicant had a right of appeal under the Law of Marriage Act and the Marriage Rules, and revision is not the proper remedy where appeal lies.

Citation: rose joseph vs idd magoti 2020 tzhc 668 24 april 2020
Parties: Applicant: Rose Joseph; Respondent: Idd Magoti
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 24 April 2020
Procedural Posture: Miscellaneous Civil Application / Judgment on Application for Revision
Outcome: Application struck out for being incompetent
Legal Topics: Revision, Appeal, Matrimonial Property Division, Jurisdiction
Source Language: English

Family Law Civil Procedure Revision Appeal Matrimonial Property Division Jurisdiction

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2

Parties

Rose Joseph

Applicant

Idd Magoti

Respondent

Procedural Posture

Miscellaneous Civil Application / Judgment on Application for Revision

Legal Issues

1 Whether revision is the proper remedy instead of appeal in matrimonial proceedings
2 Whether the High Court has jurisdiction to entertain revision where appeal lies

Ratio Decidendi

The application for revision was incompetent because the applicant had a right of appeal under the Law of Marriage Act and the Marriage Rules, and revision is not the proper remedy where appeal lies.

Court Disposition

Application struck out for being incompetent

Orders

Application is struck out for being incompetent with no order as to costs.
Sufficient copies of the judgment and decree to be deposited at the Judgment Collection Desk for parties to collect free of charge.