| dc.description | NONDO KALOMBOLA T/A N.J. PETROLEUM SPRL AMANI ETCHA V. BROADGAS PETROLEUM (TZ) LIMITED, SAID MUSSA MSWAKI, WYCLIFFE MAHAMBAYU SHILAYO, JOHN KIPKORIR CHESUM
IN THE COURT OF APPEAL OF TANZANIA – DAR ES SALAAM
KWARIKO. J.A. KEREFU. J.A. and KIHWELO, J.A.
14th & 27th June, 2022
CONSOLIDATED CIVIL APPLICATIONS NOS 165/16 & 518/16 OF 2019
(An Application for revision against the ruling and order of the High Court of Tanzania Commercial Division at Dar es Salaam in Commercial Case No.59 of 2013 dated 1st March,2019 by Hon. Sehel, J)
Facts
This appeal originates from, the facts that, the appllicants sued the respondents for payment of specific damages at the tune of USD.240,000 , general damages of USD 50,000, Interest and costs of the suit. The respondent refuted the claims and blamed the applicants for delay to deliver the consignment.
Applicants won the suit and respondents were jointly ordered to pay the amount claimed and coasts of the suit. The respondent failed to satisfy the decree after which the applicants filed application for execution where two houses (the properties of the 2nd respondent were attached and sold to satisfy the decree. The proceeds of the sale did not fully clear the decree amount since total of TZS. 579,939,465.86 remained outstanding. To realize the amount, the applicants filed an application before the trial court praying for arrest and detention in prison of the 2nd, 3rd and 4th respondents. The application was granted and the 2nd, 3rd and 4th respondents were committed as a civil prisoner for a period of six months unless the decretal sum is paid. The second respondent was the one available and thus arrested and detained in prison as ordered by the trial court. Aggrieved by that order, the 2nd respondent, while in prison, lodged Civil Application No. 165/16 of 2019, for revision by way of a notice of motion.
For the Applicant: Mr. Roman Masumbuko
For the Respondent: Mr. Augustino Ndomba
Legal Issue
i. What are the prerequisites for revision?
ii. Whether revision is an alternative to appeal?
Held
i) Court’s power of revision can only be invoked where there is no right of appeal, where right of appeal exists but has been blocked by judicial process, there is existence of special circumstances and where a person has not been a party to the relevant proceedings of the High Court.
ii) Revision shall not be invoked where there is a right of appeal.
Revision- Power of the court to grant revision- what are the prerequisites for the court to grant revision?
Appeal-right of appeal- whether revision can be an alternative to appeal?
Element of Law:
Statutes:
Section 4(3), 5(1) (b) (viii) of the Appellate Jurisdiction Act (Cap 141 RE; 2019)
Case Law:
Ms. Farhia Abdullar Noor vs. Advatech Office Supplies Limited & Another, Civil Application No. 261/16 of 2022 (unreported)
Hamoud Mohamed Sumry vs. Mussa Msangi & two others, Civil Application No. 255 of 2018 (unreported)
Trans Equipment Ltd vs. Devram P. Valambia (1995) TLR 161
Moses Mwakibete vs. The Editor, uhuru and Two others (1995) TLR 134
Halais Pro-Chemie vs. Wella A.G (1996) TLR 161
Siemens Limited & Another vs. Mtibwa Sugar Estates Limited, Civil Application No. 106 of 2016 (unreported) | en_US |
