marwa magoiga vs nyamhanga kiraryo 2007 tzhc 132 28 june 2007

marwa magoiga vs nyamhanga kiraryo 2007 tzhc 132 28 june 2007

The application for revision was dismissed because the applicant failed to demonstrate that revision was the only remedy available and did not establish errors apparent on the face of the record. The right of appeal was open to the applicant, and the application was incompetent in law.

Citation
marwa magoiga vs nyamhanga kiraryo 2007 tzhc 132 28 june 2007
Parties
Applicant: Vicent Mongu; Respondent: Kuboja Makoba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 June 2007
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Revision
Outcome
Application dismissed with costs
Legal Topics
Revision, Jurisdiction, Appeal, Procedural Law
Source Language
English
Civil Procedure Revision Jurisdiction Appeal Procedural Law

Case Brief

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Parties

Vicent Mongu

Applicant

Kuboja Makoba

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Revision

Legal Issues

  1. 1 Whether the applicant is entitled to revision of the District Court's rulings under section 79 of the Civil Procedure Code
  2. 2 Whether revision is available when the right of appeal exists

Ratio Decidendi

The application for revision was dismissed because the applicant failed to demonstrate that revision was the only remedy available and did not establish errors apparent on the face of the record. The right of appeal was open to the applicant, and the application was incompetent in law.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicant to pay costs