Amos Fulgence Kalungula versus Kagera Co-operative Union (1990) Ltd

Amos Fulgence Kalungula versus Kagera Co-operative Union (1990) Ltd; Civil Application No. 2 of 2013: Court of Appeal of Tanzania of Bukoba (Unreported)

  • Court of Appeal Rules
  • Revision- Application for revision in the Court of Appeal of Tanzania- documents that must be attached.
  • Revision –whose duty to attached documents in an application for revision?

Held:-  

(i) The position of the Court of Appeal is now settled on the legal premise that copy of proceedings, judgement/ruling and decree/order are mandatory part of applications seeking to invoke the revisional jurisdiction of the court.

(ii) The duty to attach record of proceeding of the High Court required before the court can be moved in revision is strictly placed on the Application seeking such revision. An application cannot be saved where the respondent has included in affidavit in reply the documents that are missing from application.

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