austack alphonce mushi vs bank of africa tanzania ltd another 2022 tzca 588 29 september 2022

austack alphonce mushi vs bank of africa tanzania ltd another 2022 tzca 588 29 september 2022

The applicant failed to establish any manifest error on the face of the record in the impugned judgment; the application merely expressed dissatisfaction with the Court's findings, which is not a ground for review under Rule 66(1)(a).

Source-derived case information.

Citation
austack alphonce mushi vs bank of africa tanzania ltd another 2022 tzca 588 29 september 2022
Parties
Applicant: Austack Alphonce Mushi; 1st Respondent: Bank of Africa Tanzania Ltd.; 2nd Respondent: Mabunda Auction Mart Co. Ltd.
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 September 2022
Procedural Posture
Civil Application for Review / Ruling on Application for Review of Court of Appeal Decision
Outcome
application dismissed with costs
Legal Topics
Review of Appellate Decisions, Manifest Error on the Face of the Record, Locus Standi, Guarantee and Loan Agreements
Source Language
english
Civil Procedure Banking Law Land Law Review of Appellate Decisions Manifest Error on the Face of the Record Locus Standi Guarantee and Loan Agreements

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Parties

Austack Alphonce Mushi

Applicant

Bank of Africa Tanzania Ltd.

1st Respondent

Mabunda Auction Mart Co. Ltd.

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether there was a manifest error on the face of the record in the Court of Appeal's previous judgment justifying review under Rule 66(1)(a) of the Tanzania Court of Appeal Rules, 2009

Ratio Decidendi

The applicant failed to establish any manifest error on the face of the record in the impugned judgment; the application merely expressed dissatisfaction with the Court's findings, which is not a ground for review under Rule 66(1)(a).

Court Disposition

application dismissed with costs

Orders

  • application for review dismissed
  • costs awarded to respondents