UBAYA SALEH MNYIMADI VS. BENJAMIN SENGEREMA CHAYAI AND ANOTHER CIVIL APPLICATION NO. 568/17 OF 2020

Abstract

Held; 1. The Court reiterated the principles stated in the case of Moses J. Mwakibete v. The Editor-Uhuru, Shirika la Magazeti ya Chama and National Printing Co. Ltd (1995) TLR 134 and Transport Equipment Ltd v. Devram Valambhia [1995] TLR 161 “It is now well settled that where a party has a right of appeal, he cannot invoke revisional powers of the Court” 2. Revisional powers of the Court of Appeal cannot be used as an alternative to appellate jurisdiction and therefore, revisional powers can be invoked in exceptional circumstances especially in matters which are not appealable whether with leave or without leave and where appeal process has been blocked by judicial process. The Court reiterated the principles stated in the case of Augustino Lyatonga Mrema v. Republic and Another [1996] TLR 267, Said Aly Yakuti & 4 Others v. Feisal Ahmed Abdul, Civil Application No. 4 of 2011 and Felix Lendita v. Michael Longidu, Civil Appeal No. 312/17 of 2017 (both unreported))