transport equipment ltd vs devram p valambhia 1995 tzca 33 24 may 1995

transport equipment ltd vs devram p valambhia 1995 tzca 33 24 may 1995

Where a party had an automatic right of appeal but lost it through his own fault, the revisional jurisdiction of the Court of Appeal is not available; the existence of a right of appeal bars recourse to revision except in exceptional circumstances, which do not include loss of appeal rights due to the applicant's...

Source-derived case information.

Citation
transport equipment ltd vs devram p valambhia 1995 tzca 33 24 may 1995
Parties
Applicant: Transport Equipment Ltd.; Respondent: Devram P. Valambhia
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
24 May 1995
Procedural Posture
Civil Application for Revision / Ruling on Preliminary Objection
Outcome
Application dismissed with costs for two counsel.
Legal Topics
Revisional Jurisdiction, Right of Appeal, Appellate Jurisdiction Act, Civil Procedure Code, Magistrates Courts Act
Source Language
english
Civil Procedure Appellate Practice Revisional Jurisdiction Right of Appeal Appellate Jurisdiction Act Civil Procedure Code Magistrates Courts Act

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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 for Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the Court of Appeal's revisional jurisdiction under section 4(3) of the Appellate Jurisdiction Act is available where the applicant had a right of appeal but lost it through his own fault
  2. 2 Whether the application for revision is competent when the right of appeal existed

Ratio Decidendi

Where a party had an automatic right of appeal but lost it through his own fault, the revisional jurisdiction of the Court of Appeal is not available; the existence of a right of appeal bars recourse to revision except in exceptional circumstances, which do not include loss of appeal rights due to the applicant's own fault.

Court Disposition

Application dismissed with costs for two counsel.

Orders

  • Preliminary objection upheld
  • Application dismissed with costs for two counsel