SAMUELI KOBELO MUHULO VS. NATIONAL HOUSING CORPORATION. CIVIL APPLICATION NO. 442/17 OF 2018

Abstract

Held; 1. The Court reinstated its earlier position in the case of Halais Pro-Chemie v. Wella A. G. [1996] T.L. R. 269, Moses Mwakibete v. The Editor, Uhuru, Shirika la Magazeti ya Chama and Another [1995] T.L.R 134, Kezia Violet Mato v. National Bank of Commerce and 3 Others, Civil Application No. 127 of 2005 and Chama cha Walimu Tanzania v. The Attorney General, Civil Application No. 151 of 2008 (both unreported) “that where an appeal lies a party may not resort to revision as an alternative unless it is shown that the appellate process has been blocked by judicial process”

2. It is a settled position that an interlocutory decision is not appealable in terms of Section 5(2)(d) of the Appellate Jurisdiction Act, [Cap 141 R.E 2019]

3. It is settled that an order which is final and tends to finally conclude the matter before it by applying the “nature of order test” as stated in the case of Murtaza Ally Mangungu v. The Returning Officer of Kilwa and Two Others, Civil Application No. 80 of 2016 (unreported) is not interlocutory and thus appealable.

Application granted and each party ordered to bear their own costs.