This is an application for revision of the ruling of the
High Court of Tanzania (Commercial Division) in Commercial Case No. 75 of 2005
dated 14/6/2010. The applicant seeks the Court to exercise its revisional
powers by calling the record of the High Court and examine the legality and
propriety of the decision and revise, quash and set it aside.
The material facts of the application are that; initially
the applicant unsuccessfully filed Commercial Case No. 75 of 2005 against the
Respondent. Dissatisfied, the applicant lodged two applications, that is an
application for review and an application to set aside the rejection order all
in vain. Taking up the direction given in the decision in the application for
setting aside the rejection that the proper forum was to lodge an appeal to the
Court against the High court decision in Commercial Case No. 75 of 2010 and
having realized that it was late, the applicant lodged an application to the
High Court seeking extension of time within which to lodge a notice of appeal
out of time in order to challenge the decision in the above said commercial
case. The Respondent raised four points of preliminary objections. Similarly,
the applicant lodged a four-point notice of preliminary objection.
Regarding how the application for extension of time and the
two notices of preliminary objection raised by the parties were dealt with by
the court, is the subject matter of this revision predicated on the court’s
ruling rendered on 14/6/2010.