shegembe izengo vs dima nholongo 1998 tzca 5 22 may 1998

The reference procedure used by the applicant is unknown to law; only appeal or revision are permissible routes for challenging High Court decisions in the Court of Appeal.

Citation: shegembe izengo vs dima nholongo 1998 tzca 5 22 may 1998
Parties: Applicant: Skegembe Izengo; Respondent: Dima Nholongo
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 22 May 1998
Procedural Posture: Civil Application / Ruling on Application for Awarding Costs
Outcome: application dismissed with costs
Legal Topics: Costs, Appeals, Jurisdiction
Source Language: English

Civil Procedure Costs Appeals Jurisdiction

Case Brief

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Parties

Skegembe Izengo

Applicant

Dima Nholongo

Respondent

Procedural Posture

Civil Application / Ruling on Application for Awarding Costs

Legal Issues

1 Whether the applicant can challenge the High Court's decision by reference instead of appeal or revision
2 Whether the High Court acted without jurisdiction in ordering costs not to be paid

Ratio Decidendi

The reference procedure used by the applicant is unknown to law; only appeal or revision are permissible routes for challenging High Court decisions in the Court of Appeal.

Court Disposition

application dismissed with costs

Orders

reference dismissed with costs