20110825 TZCA Dar es Salaam

20110825 TZCA Dar es Salaam

The application failed because the alleged errors were not manifest on the face of the record but were at best grounds for appeal. The applicant was not deprived of an opportunity to be heard, as the record showed submissions were made on all relevant issues. The use of authorities not cited by counsel does not constitute a ground for review under Tanzanian law.

Citation
20110825 TZCA Dar es Salaam
Parties
Applicant: East African Development Bank; Respondent: Blueline Enterprises Tanzania Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 August 2011
Procedural Posture
Civil Application for Review / Ruling on Application for Review of Court of Appeal Judgment
Outcome
Application dismissed with costs
Legal Topics
Review of Appellate Decisions, Natural Justice, Res Judicata, Abuse of Process, Limitation of Actions
Source Language
English
Civil Procedure Appellate Practice Review of Appellate Decisions Natural Justice Res Judicata Abuse of Process Limitation of Actions

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Parties

East African Development Bank

Applicant

Blueline Enterprises Tanzania Limited

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Court's decision was based on a manifest error on the face of the record resulting in miscarriage of justice
  2. 2 Whether the applicant was wrongly deprived of an opportunity to be heard

Ratio Decidendi

The application failed because the alleged errors were not manifest on the face of the record but were at best grounds for appeal. The applicant was not deprived of an opportunity to be heard, as the record showed submissions were made on all relevant issues. The use of authorities not cited by counsel does not constitute a ground for review under Tanzanian law.

Court Disposition

Application dismissed with costs

Orders

  • The application for review is dismissed with costs.