19940523 TZCA Dar es Salaam

19940523 TZCA Dar es Salaam

The Court of Appeal of Tanzania has limited inherent jurisdiction to review its own decisions in cases where the decision is a nullity (such as where a party was denied the right to be heard or the judgment was obtained by fraud) or where there is a manifest error on the face of the record resulting in a miscarriage...

Source-derived case information.

Citation
19940523 TZCA Dar es Salaam
Parties
Applicant: Transport Equipment Ltd; Respondent: Devram P. Valambhia
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 May 1994
Procedural Posture
Civil Application / Preliminary Objection on Jurisdiction Before Full Bench
Outcome
Preliminary objection overruled; matter remitted to bench of three justices for determination on merits.
Legal Topics
Appellate Review, Inherent Jurisdiction, Correction of Judgments, Slip Rule, Finality of Judgments
Source Language
english
Civil Procedure Constitutional Law Appellate Review Inherent Jurisdiction Correction of Judgments Slip Rule Finality of Judgments

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Summary, issues, holding and outcome

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Parties

Transport Equipment Ltd

Applicant

Devram P. Valambhia

Respondent

Procedural Posture

Civil Application / Preliminary Objection on Jurisdiction Before Full Bench

Legal Issues

  1. 1 Whether the Court of Appeal of Tanzania has inherent jurisdiction to review its own decisions

Ratio Decidendi

The Court of Appeal of Tanzania has limited inherent jurisdiction to review its own decisions in cases where the decision is a nullity (such as where a party was denied the right to be heard or the judgment was obtained by fraud) or where there is a manifest error on the face of the record resulting in a miscarriage of justice. This jurisdiction is not derived from statute but is inherent to the court as a superior court of record.

Court Disposition

Preliminary objection overruled; matter remitted to bench of three justices for determination on merits.

Orders

  • Objection to jurisdiction dismissed.
  • Matter remitted to the original bench of three justices for further proceedings.