| dc.description | BARCLAYS BANK (T) LTD VERSUS TANZANIA PHARMACEUTICALS INDUSTRIES LTD AND OTHERS
COURT OF APPEAL OF TANZANIA
(CORAM: NDIKA. J.A.. FIKIRINI. J.A. And KIHWELO. J.A.)
CIVIL APPLICATION NO. 231/16 OF 2010
(Application for Revision of the Ruling and Order of the High Court of Tanzania, Commercial Division at Dar es Salaam dated the 2nd day of June, 2014 in Commercial Case No. 147 of 2012)
Civil Procedure and Practice – Dismissal for want of prosecution – failure to file written statement at High Court Commercial Division – Consequences and remedy for dismissal
The applicant was aggrieved by the decision od the High Court Commercial for dismissing its case for want of prosecution, the applicant approached this Court by way of notice of motion predicated on section 4 (3) of the Appellate Jurisdiction Act, Cap. 141 R. E. 2019 (the AJA) and Rule 65 (1), (2) and (3) of the Tanzania Court of Appeal Rules, 2009 (the Rules) moving this Court to revise the ruling and order of the Commercial Court. The application is supported by an affidavit deponed by Mr. Dilip Kesaria learned advocate. Contesting the application, Mr. Dennis Michael Msafiri learned advocate featuring for the respondents filed an affidavit in reply.
Held;
i. A dismissal order that conclusively determines the rights of the parties amounts to a decree open to appeal and not revision.
Application denied.
Provisions Cited
i. Sections 3 and 75 of the Civil Procedure Code [Cap 33 RE 2019]
ii. section 4 (3) of the Appellate Jurisdiction Act, Cap. 141 R. E. 2019
iii. Rule 65 (1), (2) and (3) of the Tanzania Court of Appeal Rules, 2009 (the Rules)
Case Laws referred
i. Tanzania Electric Supply Company Limited ("Tanesco") v Interbest Investment Company Limited, Civil Appeal No. 43 of 2012 (unreported)
ii. Salem Ahmed Hasson Zaidi v. Fuad Hussein Hemeidan [1960] 1 EA 92 (CAA),
iii. South British Insce Co. Ltd v. Mohamedali Taibji Ltd [1973] 1 EA 210 (CAM),
iv. Ally Khalfan Mleh v. Attorney General, Civil Application No. 40 of 2012,
v. Diamond Trust Bank Tanzania Limited v. Puma Energy Tanzania Limited, Civil Application No. 40 of 2016
vi. Rajabu Hassan Mfaume (the Administrator of the Estate of the Late HIJA OMARI KIPARA) v. Permanent Secretary, Ministry of Health, Community Development, Gender, Elderly and Children & 3 Others, Civil Appeal No. 287 of 2019 (all unreported).
vii. D.B. Shapriya and Company Ltd v. Stefanutti Stocks Tanzania Ltd, Civil Application No. 205/16 of 2018, | en_US |
