schumanns garage ltd vs gatelex automobile ltd 2020 tzhc 4702 15 december 2020
The court held that the interlocutory order did not have the effect of finally determining the suit or the counterclaim, and therefore revision did not lie under section 79(2) of the Civil Procedure Code. The application was thus incompetent and dismissed.
- Citation
- schumanns garage ltd vs gatelex automobile ltd 2020 tzhc 4702 15 december 2020
- Parties
- Applicant: Schumann's Garage Ltd; Respondent: Gatelex Automobile Ltd
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 15 December 2020
- Procedural Posture
- Civil Revision Application / Ruling on Preliminary Objections
- Outcome
- Application dismissed
- Legal Topics
- Revision Jurisdiction, Interlocutory Orders, Temporary Injunctions, Appeal Vs Revision
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Schumann's Garage Ltd
Applicant
Gatelex Automobile Ltd
Respondent
Procedural Posture
Civil Revision Application / Ruling on Preliminary Objections
Legal Issues
- 1 Whether revision lies against an interlocutory order under section 79(2) of the Civil Procedure Code
- 2 Whether the impugned order is appealable or revisable
Ratio Decidendi
The court held that the interlocutory order did not have the effect of finally determining the suit or the counterclaim, and therefore revision did not lie under section 79(2) of the Civil Procedure Code. The application was thus incompetent and dismissed.
Court Disposition
Application dismissed
Orders
- Applicant to pay costs
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