MOHAMED SELEMAN VS. ALLY MOHAMED HAZAM

Tbr Civil Application No. 4/02 – Mohamed Seleman vs. Ally Mohamed Hazam CAT at Dar (Masoffe, JA). It is correct that Paragraph C of S. 5(1) should be read together with S. 5(1) especially the words “except where any other written law for the time being in force provides otherwise” appearing therein. In the judge of this application, the exptions mentioned in s. 5(1) will include the provisions of Order XLII Rule 791) which specifically disallows an appeal from the dismissal of an application for review. Since the applicant could not access this Court by way of appeal on account of the above mention reason, one wonders why he did not seek this Court’s intervention by way of a revision! In my view, the alternative remedy of revision was always available; although it is unlikely if the remedy could be pursued now for reasons of time bar - See this Court’s decision in James Masanja Kasuka vs. George Humba TBR Civil Application No. 2/97 prescribing a period of sixty (60) days for filing civil applications this Court.