amina maulid ambali others vs ramadhani juma 2021 tzca 186 7 may 2021

amina maulid ambali others vs ramadhani juma 2021 tzca 186 7 may 2021

The applicants failed to establish any manifest error, fraud, or illegality in the judgment; the discrepancies cited were either not present or were clerical errors correctable under Rule 42(1), not grounds for review under Rule 66(1).

Citation
amina maulid ambali others vs ramadhani juma 2021 tzca 186 7 may 2021
Parties
Applicant: Amina Maulid Ambali; Applicant: Rose Kashinde; Applicant: Masaki Kashinde; Respondent: Ramadhani Juma
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 May 2021
Procedural Posture
Civil Review Application / Ruling on Application for Review of Court of Appeal Judgment
Outcome
application dismissed
Legal Topics
Review of Appellate Judgment, Manifest Error, Fraud, Certificate of Title, Finality of Litigation
Source Language
English
Civil Procedure Property Law Review of Appellate Judgment Manifest Error Fraud Certificate of Title Finality of Litigation

Case Brief

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Parties

Amina Maulid Ambali

Applicant

Rose Kashinde

Applicant

Masaki Kashinde

Applicant

Ramadhani Juma

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Court of Appeal judgment contained a manifest error justifying review
  2. 2 Whether the judgment was procured illegally, by fraud, or perjury
  3. 3 Whether discrepancies between judgment and order constitute grounds for review

Ratio Decidendi

The applicants failed to establish any manifest error, fraud, or illegality in the judgment; the discrepancies cited were either not present or were clerical errors correctable under Rule 42(1), not grounds for review under Rule 66(1).

Court Disposition

application dismissed

Orders

  • Registrar to rectify the order to reflect the judgment regarding costs within thirty (30) days
  • No order as to costs due to family dispute