20131120 TZHC Dar es Salaam

20131120 TZHC Dar es Salaam

The applicant failed to demonstrate any new and important matter or error apparent on the face of the record; the grounds raised are relevant to an appeal, not a review. The court is functus officio and cannot revisit its own decision in this manner.

Citation
20131120 TZHC Dar es Salaam
Parties
Applicant: Winland Ngisanjataa Makule; Respondent: CRDB Bank Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 November 2013
Procedural Posture
Miscellaneous Civil Cause (review) / Ruling on Preliminary Objection to Application for Review
Outcome
Application rejected as incompetent; preliminary objection upheld.
Legal Topics
Review of Court Decisions, Jurisdiction, Functus Officio, Preliminary Objection
Source Language
English
Civil Procedure Review of Court Decisions Jurisdiction Functus Officio Preliminary Objection

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Parties

Winland Ngisanjataa Makule

Applicant

CRDB Bank Ltd

Respondent

Procedural Posture

Miscellaneous Civil Cause (review) / Ruling on Preliminary Objection to Application for Review

Legal Issues

  1. 1 Whether the application for review is competent
  2. 2 Whether the court is functus officio regarding its own prior ruling
  3. 3 Whether the grounds raised are proper for review or appeal

Ratio Decidendi

The applicant failed to demonstrate any new and important matter or error apparent on the face of the record; the grounds raised are relevant to an appeal, not a review. The court is functus officio and cannot revisit its own decision in this manner.

Court Disposition

Application rejected as incompetent; preliminary objection upheld.

Orders

  • Application for review rejected
  • No order as to costs