20070627 TZCA Dar es Salaam

20070627 TZCA Dar es Salaam

The applicant failed to demonstrate a manifest error on the face of the record. The alleged errors required reappraisal of evidence, which is not permissible in review proceedings. Even if the judgment was erroneous in law, it does not constitute an error apparent on the face of the record. Therefore, the application for review does not meet the established criteria and must be dismissed.

Citation
20070627 TZCA Dar es Salaam
Parties
Applicant: Dr. Ephraim Njau; Respondent: Tanzania Pharmaceutical Industries Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 June 2007
Procedural Posture
Civil Application for Review / Ruling on Application for Review of Court of Appeal Judgment
Outcome
Application dismissed with costs.
Legal Topics
Review Jurisdiction, Manifest Error, Employment Relationship, Company Appointments
Source Language
English
Civil Procedure Employment Law Company Law Review Jurisdiction Manifest Error Employment Relationship Company Appointments

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Parties

Dr. Ephraim Njau

Applicant

Tanzania Pharmaceutical Industries Limited

Respondent

Procedural Posture

Civil Application for Review / Ruling on Application for Review of Court of Appeal Judgment

Legal Issues

  1. 1 Whether there was a manifest error on the face of the record justifying review of the Court's judgment
  2. 2 Whether the applicant was an employee of the respondent or of the holding corporation (NCI)

Ratio Decidendi

The applicant failed to demonstrate a manifest error on the face of the record. The alleged errors required reappraisal of evidence, which is not permissible in review proceedings. Even if the judgment was erroneous in law, it does not constitute an error apparent on the face of the record. Therefore, the application for review does not meet the established criteria and must be dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • Application for review is dismissed.
  • Applicant to pay costs.