edger kahwili vs amer mbarak another 2020 tzca 20 23 february 2020

edger kahwili vs amer mbarak another 2020 tzca 20 23 february 2020

The Court's prior order allowing parties to recommence action was a manifest error, as the pleadings remained alive and precedent required remittance for retrial after nullification of proceedings due to procedural infractions.

Citation
edger kahwili vs amer mbarak another 2020 tzca 20 23 february 2020
Parties
Applicant: Edgar Kahwili; Respondent: Amer Mbarak; Respondent: Azania Bancorp Ltd.
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 February 2020
Procedural Posture
Civil Application for Review / Ruling on Review Application
Outcome
application granted
Legal Topics
Review of Appellate Judgment, Procedural Irregularity, Nullification of Proceedings, Remittance for Retrial
Source Language
English
Civil Procedure Land Law Review of Appellate Judgment Procedural Irregularity Nullification of Proceedings Remittance for Retrial

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Parties

Edgar Kahwili

Applicant

Amer Mbarak

Respondent

Azania Bancorp Ltd.

Respondent

Procedural Posture

Civil Application for Review / Ruling on Review Application

Legal Issues

  1. 1 Whether the judgment of the Court of Appeal contained a manifest error on the face of the record resulting in miscarriage of justice
  2. 2 Whether the proper order upon nullification of trial and appellate proceedings should be remittance for retrial or leave to recommence action

Ratio Decidendi

The Court's prior order allowing parties to recommence action was a manifest error, as the pleadings remained alive and precedent required remittance for retrial after nullification of proceedings due to procedural infractions.

Court Disposition

application granted

Orders

  • Vacate consequential order in judgment dated 28th July, 2016 in Civil Appeal No. 154 of 2015
  • Order that the matter be remitted to the trial tribunal for trial to be conducted afresh and expeditiously before another Chairman and a new set of assessors