20121211 TZHC Dar es Salaam

20121211 TZHC Dar es Salaam

The application for review was filed within time after excluding the period spent obtaining the ruling, but the ruling dismissing the appeal for want of prosecution is not subject to review; the proper remedy is re-admission of the appeal. Arguments raised are more appropriate for appeal, not review, as no manifest error on the face of the record was shown.

Citation
20121211 TZHC Dar es Salaam
Parties
Appellant/applicant: Mwanaisha Mohamed Ngochele; 1st Respondent: Mohamed Salum; 2nd Respondent: Lutufi Mwakajuka; 3rd Respondent: Hadija Omary
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 December 2012
Procedural Posture
Land Case Appeal / Ruling on Preliminary Objections in Application for Review
Outcome
Application struck out with costs
Legal Topics
Review of Court Decisions, Limitation of Actions, Dismissal for Want of Prosecution, Re Admission of Appeals
Source Language
English
Civil Procedure Land Law Review of Court Decisions Limitation of Actions Dismissal for Want of Prosecution Re Admission of Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mwanaisha Mohamed Ngochele

Appellant/applicant

Mohamed Salum

1st Respondent

Lutufi Mwakajuka

2nd Respondent

Hadija Omary

3rd Respondent

Procedural Posture

Land Case Appeal / Ruling on Preliminary Objections in Application for Review

Legal Issues

  1. 1 Whether the application for review was time-barred
  2. 2 Whether the ruling dismissing the appeal for want of prosecution is subject to review

Ratio Decidendi

The application for review was filed within time after excluding the period spent obtaining the ruling, but the ruling dismissing the appeal for want of prosecution is not subject to review; the proper remedy is re-admission of the appeal. Arguments raised are more appropriate for appeal, not review, as no manifest error on the face of the record was shown.

Court Disposition

Application struck out with costs

Orders

  • Application is struck out with costs