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
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2
Parties
Simon John Mmbaga
Applicant
Daniel K. Muro
Respondent
Procedural Posture
Civil Revision / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application for revision is time-barred
- 2 Whether revision is available as an alternative to appeal
- 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
Full Case Text
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