19960516 TZHC Mwanza2

19960516 TZHC Mwanza2

The application for review is not tenable as there is no error apparent on the face of the record, and the original proceedings resulted in a consent order, which is not appealable unless obtained by fraud. The appeal was therefore incompetent in law.

Citation
19960516 TZHC Mwanza2
Parties
Applicant: Tarime District Council; Respondent: Gabriel P. Mrema
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 May 1996
Procedural Posture
Civil Revision / Ruling on Application for Review
Outcome
Application dismissed with costs
Legal Topics
Consent Orders, Review and Revision, Appeals, Execution of Decrees
Source Language
English
Civil Procedure Consent Orders Review and Revision Appeals Execution of Decrees

Case Brief

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Parties

Tarime District Council

Applicant

Gabriel P. Mrema

Respondent

Procedural Posture

Civil Revision / Ruling on Application for Review

Legal Issues

  1. 1 Whether the High Court can review its own ruling dated 12/10/95
  2. 2 Whether an appeal lies against a consent order
  3. 3 Whether grounds exist for review of the ruling

Ratio Decidendi

The application for review is not tenable as there is no error apparent on the face of the record, and the original proceedings resulted in a consent order, which is not appealable unless obtained by fraud. The appeal was therefore incompetent in law.

Court Disposition

Application dismissed with costs

Orders

  • Application for review is dismissed with costs