usangu logistics t vs t national roads agency ministry of infrastructure 2 others 2011 tzhccomd 2036 1 june 2011

usangu logistics t vs t national roads agency ministry of infrastructure 2 others 2011 tzhccomd 2036 1 june 2011

The court is not functus officio to entertain an application for review where such application is based on grounds recognized by law, such as discovery of new evidence. The lodging of a notice of appeal does not oust the court's jurisdiction to entertain a review application, as a notice of appeal is not an appeal and does not bar review proceedings.

Citation
usangu logistics t vs t national roads agency ministry of infrastructure 2 others 2011 tzhccomd 2036 1 june 2011
Parties
Applicant: Usangu Logistics (T); 1st Respondent: Tanzania National Roads Agency; 2nd Respondent: Ministry of Infrastructure Development; 3rd Respondent: Attorney General
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
1 June 2011
Procedural Posture
Commercial Case / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed with costs in the cause.
Legal Topics
Review of Judgment, Functus Officio, Jurisdiction, Notice of Appeal
Source Language
English
Civil Procedure Review of Judgment Functus Officio Jurisdiction Notice of Appeal

Case Brief

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Parties

Usangu Logistics (T)

Applicant

Tanzania National Roads Agency

1st Respondent

Ministry of Infrastructure Development

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Commercial Case / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the court is functus officio to entertain the memorandum of review
  2. 2 Whether the court has jurisdiction to determine the matter when a notice of appeal has been lodged

Ratio Decidendi

The court is not functus officio to entertain an application for review where such application is based on grounds recognized by law, such as discovery of new evidence. The lodging of a notice of appeal does not oust the court's jurisdiction to entertain a review application, as a notice of appeal is not an appeal and does not bar review proceedings.

Court Disposition

Preliminary objections dismissed with costs in the cause.

Orders

  • Both preliminary objections are dismissed.
  • Costs shall be in the cause.