"The application is misconceived and incompetent. The same is hereby struck out," ruled a panel comprising Chief Justice Chande Othman and Justices Bernard Luanda and Semistocles Kaijage.
They found that the Court had not been properly moved, as the provision of Section 4 (3) of the Appellant Jurisdiction Act cited by Kimaro was not applicable under circumstances of the case.
According to the justices, Antony Ngoo and Davis Antony Ngoo have already filed an appeal in the court and, therefore, the High Court was no longer seized with proceedings, the subject for revision.
In the case, the parties are at loggerheads on number of issues, including the said payments, dissolution of partnership and subsequent dispose of the mining plot situated at Mererani area in Manyara Region.
The decision sought to be challenged was issued by Judge Kakukulo Sambo at the High Court in Arusha on October 12, last year. Advocate Mpaya Kamara is representing Kimaro and counsel, Michael Ngaro is for Antony and Davis.
It is alleged that the mining plot subjected for being disposed off was jointly owned by Antony Ngoo and Kitinda Kimaro. But, following a dispute between them, the matter was taken to court and ruled in favour of the latter.
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