tabu gohage vs crista danda 2015 tzhc 2156 28 july 2015

tabu gohage vs crista danda 2015 tzhc 2156 28 july 2015

The application for revision was misconceived because the applicant had a right of appeal and did not demonstrate exceptional circumstances justifying revision. The preliminary objection was upheld and the application dismissed.

Source-derived case information.

Citation
tabu gohage vs crista danda 2015 tzhc 2156 28 july 2015
Parties
Applicant: Tabu G O H A G E; Respondent: Crista D A N D A
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 July 2015
Procedural Posture
Land Case Revision / Ruling on Preliminary Objection
Outcome
application dismissed
Legal Topics
Revision Jurisdiction, Appeal Vs Revision, Preliminary Objection, Ex Parte Judgment, Limitation Period
Source Language
english
Land Law Civil Procedure Revision Jurisdiction Appeal Vs Revision Preliminary Objection Ex Parte Judgment Limitation Period

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Parties

Tabu G O H A G E

Applicant

Crista D A N D A

Respondent

Procedural Posture

Land Case Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the applicant should have appealed instead of seeking revision
  2. 2 Whether the application is time-barred
  3. 3 Whether the application was filed under proper legal provisions

Ratio Decidendi

The application for revision was misconceived because the applicant had a right of appeal and did not demonstrate exceptional circumstances justifying revision. The preliminary objection was upheld and the application dismissed.

Court Disposition

application dismissed

Orders

  • Preliminary objection upheld
  • Application dismissed with costs