zanair limited another vs hassan sons ltd 2017 tzca 397 6 december 2017

zanair limited another vs hassan sons ltd 2017 tzca 397 6 december 2017

The application was incompetent for failure to include the plaint and written statement of defence, which are essential pleadings forming the basis of the action in the High Court. Without a complete record, the court cannot exercise its revisional jurisdiction.

Citation
zanair limited another vs hassan sons ltd 2017 tzca 397 6 december 2017
Parties
Applicant: ZANAIR LIMITED; Applicant: CARL SALISBURY; Respondent: HASSAN & SONS LTD
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
6 December 2017
Procedural Posture
Civil Application for Revision / Ruling on Preliminary Objection and Competence
Outcome
Application struck out as incompetent
Legal Topics
Revision Proceedings, Record Completeness, Preliminary Objection, Appellate Jurisdiction
Source Language
English
Civil Procedure Appellate Practice Revision Proceedings Record Completeness Preliminary Objection Appellate Jurisdiction

Case Brief

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Parties

ZANAIR LIMITED

Applicant

CARL SALISBURY

Applicant

HASSAN & SONS LTD

Respondent

Procedural Posture

Civil Application for Revision / Ruling on Preliminary Objection and Competence

Legal Issues

  1. 1 Whether the application for revision is competent without a complete record including the plaint and written statement of defence
  2. 2 Whether interlocutory orders can be revised

Ratio Decidendi

The application was incompetent for failure to include the plaint and written statement of defence, which are essential pleadings forming the basis of the action in the High Court. Without a complete record, the court cannot exercise its revisional jurisdiction.

Court Disposition

Application struck out as incompetent

Orders

  • The application is struck out for incompetence due to incomplete record.
  • No order as to costs.