Kitinda Kimaro versus Antony Ngoo and Another; Civil Application No. 67 of 2014: Court of Appeal of Tanzania at Arusha (Unreported).
- Court of Appeal Rule
- Revision-Whether revision is tenable after filing an appeal
- Revision – Revisional jurisdiction under Section 4 (2) – whether parties may invoke it to move the Court.
Held:-
(i) Section 4(3) of the Appellate Jurisdiction Act regarding revision is applicable when the High Court is still seized with proceedings, the subject matter of revision. Once a party files an appeal in the Court of Appeal, the High Court is no longer seized with those proceedings and, therefore, section 4(3) of the Act is not applicable.
(ii) Revisional jurisdiction under Section 4(2) is invoked by the Court itself but it is not excluded that a party may draw the Court’s attention to an illegality or irregularity occasioning a miscarriage of justice in the lower court’s proceedings or judgment and on which the Court may decide to invoke its revisional jurisdiction under Section 4(2) of the Appellate Jurisdictions Act, 1979.