Land revison No 43 of 2023 scanned

Land revison No 43 of 2023 scanned

Revision is not maintainable where a right of appeal exists and no exceptional circumstances are demonstrated; applicant misconceived the procedure.

Source-derived case information.

Citation
Land revison No 43 of 2023 scanned
Parties
Applicant: Shashisha E. Mafuwe; Respondent: Ruben Meshack
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Land Revision / Ruling on Preliminary Objection
Outcome
Application struck out
Legal Topics
Revision Proceedings, Jurisdiction, Appeal Rights, Preliminary Objection
Source Language
english
Land Law Civil Procedure Revision Proceedings Jurisdiction Appeal Rights Preliminary Objection

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Parties

Shashisha E. Mafuwe

Applicant

Ruben Meshack

Respondent

Procedural Posture

Land Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether revision is maintainable where right of appeal exists
  2. 2 Whether the Tribunal had jurisdiction to entertain application for extension of time
  3. 3 Whether affidavit in support was incurably defective

Ratio Decidendi

Revision is not maintainable where a right of appeal exists and no exceptional circumstances are demonstrated; applicant misconceived the procedure.

Court Disposition

Application struck out

Orders

  • Application struck out
  • No order as to costs