Praksed Barnabas and Others vs Registered Trustees Of The Archdiocese Of Dar Es Salaam (Civil Application No. 480/17 of 2020) [2022] TZCA 3111 (26 August 2022)

PRAKSED BARNABAS (Legal representative of HARRISON MAN DALI AND OTHERS VERSUS THE REGISTERED TRUSTEES OF THE ARCHDIOCESE OF DAR ES SALAAM COURT OF APPEAL OF TANZANIA (CORAM: NDIKA, J.A. FIKIRINI. J.A. And KIHWELO, J.A) CIVIL APPLICATION NO. 480/17 OF 2020 (Application from the decision of the High Court of Tanzania Land Division at Dar es Salaam dated the 7th day of September, 2020 in Civil Reference No. 04 of 2019) Civil Procedure and Practice – Revision versus Appeal – parties’ revision – court’s revision In this application, the applicants, through a notice of motion under section 4(3) of the Appellate Jurisdiction Act, Cap. 141 R.E. 2002, and Rules 65(1) and (4) of the Tanzania Court of Appeal Rules, 2009, sought to challenge the decision of the High Court of Tanzania, Land Division (Makani, J.) in Civil Reference No. 4 of 2019. The applicants filed the application on 6th November, 2020, through the services of Mbamba & Co. Advocates. When the application was due for hearing, Mr. Michael J.T. Ngalo, learned advocate for the respondent, raised two preliminary points of objection under Rule 107(1) of the Rules, filed on 23rd December, 2020. The objections contended that the application was misconceived and unmaintainable because the applicants had a right of appeal against the High Court’s decision and order dated 7th September, 2020, which remained available to them, and that the application was bad in law for including the 1st, 4th, and 1CF applicants, who had not been properly and formally made parties to the proceedings before the High Court and therefore lacked the requisite locus standi.

Held : (i) The Court held that the law is long settled and clear that revision is not an alternative to the appeal process. (ii) Further, it is momentous to observe that whereas revision is at the discretion of the court, an appeal is a right of a party subject of course to other factors such as limitation, leave or a certificate on point of law as the case may be. (iii) A party to proceedings in the High Court may invoke the revision jurisdiction of the Court where the appellate process has been blocked. Application was struck out. Statutory Provisions referred to: (i) Section 4(3) of the Appellate Jurisdiction Act, Cap. 141 R.E. 2002. (ii) Rule 65 (1) and (4) and 107 of the Tanzania Court of Appeal Rules, 2009. Case Laws referred to: (i) Bank of Tanzania Ltdv. Devram P. Valambhia, Civil Application No. 15 of 2002 (unreported). D.B. Shapriya. (ii) Company Ltd v. Stefanutti Stocks Tanzania Ltd, Civil Application No. 205/16 of 2018 (unreported). (iii) Olmeshuki Kisambu v. Christopher Naing'ola [2002] TLR 280, Regina Moshi. (iv) The Board of Trustees of the National Social Security Fund (NSSF), Civil Application No. 457/18 of 2019, Patrick Magologozi Mongella v. The Board of Trustees of the Public Service Social Security Fund, Civil Application No. 342/18 of 2019. (v) Hasmukh Bhagwanji Masrani v. Dodsal Hydrocarbons and Power (Tanzania) PVT Limited (all unreported). (vi) Morris Hamza Azizi v. Angelina Simon Mhavile and Another, Civil Appeal No. 73 of 2013. (viii) Paul A. Kweka and Another v. Ngorika Bus Services and Transport Co. Ltd, Civil Appeal No. 68 of 2003 (both unreported). (ix) Hammers Incorporation Co. Ltd v. The Board of Trustees of the Cashewnut Industries Development Trust Fund, Civil Application No. 93 of 2015 (unreported). (x) Manufacturing Co. Ltd v. West End Distributors Ltd [1969] E.A. 696.