athumani amiri vs hamza amiri another 2023 tzca 17842 15 november 2023
The applicant failed to demonstrate any manifest error, lack of jurisdiction, or illegality on the face of the record as required for review under Rule 66(1); the grounds raised were essentially grounds of appeal and not review.
- Citation
- athumani amiri vs hamza amiri another 2023 tzca 17842 15 november 2023
- Parties
- Applicant: Athumani Amiri; 1st Respondent: Hamza Amiri; 2nd Respondent: Adia Amiri
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 15 November 2023
- Procedural Posture
- Civil Application for Review / Ruling on Application for Review of Court of Appeal Judgment
- Outcome
- Application dismissed
- Legal Topics
- Review of Appellate Decisions, Manifest Error on Face of Record, Jurisdiction of Appellate Court, Illegality and Nullity of Judgments, Co Ownership of Land
- Source Language
- English
Case Brief
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Parties
Athumani Amiri
Applicant
Hamza Amiri
1st Respondent
Adia Amiri
2nd Respondent
Procedural Posture
Civil Application for Review / Ruling on Application for Review of Court of Appeal Judgment
Legal Issues
- 1 Whether the applicant demonstrated a manifest error on the face of the record resulting in miscarriage of justice
- 2 Whether the Court lacked jurisdiction or the judgment was a nullity or procured illegally
Ratio Decidendi
The applicant failed to demonstrate any manifest error, lack of jurisdiction, or illegality on the face of the record as required for review under Rule 66(1); the grounds raised were essentially grounds of appeal and not review.
Court Disposition
Application dismissed
Orders
- No order as to costs
Full Case Text
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