dativa nanga vs jibu group company limited another 2023 tzca 17805 8 november 2023

dativa nanga vs jibu group company limited another 2023 tzca 17805 8 november 2023

The applicant failed to demonstrate a manifest error on the face of the record; the alleged errors require re-evaluation of evidence and are not self-evident. The application seeks to re-open the merits of the appeal, which is not permissible under review jurisdiction.

Citation
dativa nanga vs jibu group company limited another 2023 tzca 17805 8 november 2023
Parties
Applicant: Dativa Nanga; 1st Respondent: Jibu Group Company Limited; 2nd Respondent: Immanuel Kombe
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
8 November 2023
Procedural Posture
Civil Application for Review / Ruling on Review Application
Outcome
Application dismissed with costs
Legal Topics
Review Jurisdiction, Manifest Error, Bonafide Purchaser, Probate and Administration of Estates
Source Language
English
Civil Procedure Succession Law Review Jurisdiction Manifest Error Bonafide Purchaser Probate and Administration of Estates

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 3 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Dativa Nanga

Applicant

Jibu Group Company Limited

1st Respondent

Immanuel Kombe

2nd Respondent

Procedural Posture

Civil Application for Review / Ruling on Review Application

Legal Issues

  1. 1 Whether the Court's decision was based on a manifest error on the face of the record resulting in miscarriage of justice
  2. 2 Whether the applicant has made out a case warranting the Court to invoke its review jurisdiction

Ratio Decidendi

The applicant failed to demonstrate a manifest error on the face of the record; the alleged errors require re-evaluation of evidence and are not self-evident. The application seeks to re-open the merits of the appeal, which is not permissible under review jurisdiction.

Court Disposition

Application dismissed with costs

Orders

  • Application for review is dismissed
  • Applicant to pay costs