20111118 TZHC Moshi

20111118 TZHC Moshi

The application for revision was filed out of time and improperly invoked the revisional jurisdiction as an alternative to appeal; the preliminary objection on limitation and procedural defect is upheld.

Citation
20111118 TZHC Moshi
Parties
Applicant: Simon John Mmbaga; Respondent: Daniel K. Muro
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 November 2011
Procedural Posture
Civil Revision / Ruling on Preliminary Objection
Outcome
Application dismissed
Legal Topics
Revision Jurisdiction, Limitation of Actions, Administrator Appointment, Appeal Vs Revision, Primary Court Procedure
Source Language
English

Case Brief

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Parties

Simon John Mmbaga

Applicant

Daniel K. Muro

Respondent

Procedural Posture

Civil Revision / Ruling on Preliminary Objection

  1. 1 Whether the application for revision is time-barred
  2. 2 Whether revision is available as an alternative to appeal
  3. 3 Whether the application is defective for combining forms

Ratio Decidendi

The application for revision was filed out of time and improperly invoked the revisional jurisdiction as an alternative to appeal; the preliminary objection on limitation and procedural defect is upheld.

Court Disposition

Application dismissed

Orders

  • Memorandum of revision dismissed