20130314 TZHC Dodoma

20130314 TZHC Dodoma

There was no admitted and signed plaint in the District Court record; thus, no valid proceedings existed to be reviewed. The applicant failed to show any new and important evidence or error apparent on the face of the record. The grounds raised were grounds of appeal, not review.

Citation
20130314 TZHC Dodoma
Parties
Applicant: Abraham Kisanga; Respondent: National Microfinance Bank PLC
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 March 2013
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Review
Outcome
Application dismissed
Legal Topics
Review of Judgment, Nullification of Proceedings, Procedural Irregularities
Source Language
English
Civil Procedure Review of Judgment Nullification of Proceedings Procedural Irregularities

Case Brief

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Parties

Abraham Kisanga

Applicant

National Microfinance Bank PLC

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Review

Legal Issues

  1. 1 Whether there are grounds for review of the High Court's decision nullifying proceedings in Civil Case No. 113 of 2004 and Misc. Civil Application No. 32 of 2009

Ratio Decidendi

There was no admitted and signed plaint in the District Court record; thus, no valid proceedings existed to be reviewed. The applicant failed to show any new and important evidence or error apparent on the face of the record. The grounds raised were grounds of appeal, not review.

Court Disposition

Application dismissed

Orders

  • Application for review is dismissed.
  • Correction of record to reflect Civil Case No. 113 of 2004 as the subject of nullification.