20191007 TZHC Dar es Salaam

20191007 TZHC Dar es Salaam

The application for review was dismissed because no statutory grounds for review were established, no application for departure from scheduling order was made within the prescribed time, and the application was time-barred. Review cannot substitute an appeal.

Citation
20191007 TZHC Dar es Salaam
Parties
Applicant: Frank K.G. Munisi; Respondent: National Insurance of Tanzania Ltd; Respondent: Consolidated Holdings Corporation
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 October 2019
Procedural Posture
Miscellaneous Application for Review / Ruling on Application for Review
Outcome
Application dismissed with costs.
Legal Topics
Review of Court Orders, Limitation of Actions, Scheduling Orders, Appeal Vs Review
Source Language
English
Civil Procedure Review of Court Orders Limitation of Actions Scheduling Orders Appeal Vs Review

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Parties

Frank K.G. Munisi

Applicant

National Insurance of Tanzania Ltd

Respondent

Consolidated Holdings Corporation

Respondent

Procedural Posture

Miscellaneous Application for Review / Ruling on Application for Review

Legal Issues

  1. 1 Whether the application for review meets the statutory grounds under Order XLII Rule 1 of the Civil Procedure Code
  2. 2 Whether the application is time-barred under the Law of Limitation Act
  3. 3 Whether review can substitute an appeal

Ratio Decidendi

The application for review was dismissed because no statutory grounds for review were established, no application for departure from scheduling order was made within the prescribed time, and the application was time-barred. Review cannot substitute an appeal.

Court Disposition

Application dismissed with costs.

Orders

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