ENOSH RULING

ENOSH RULING

The court held that since the applicant's prayer to withdraw the suit with leave to refile was not specifically addressed in the original order, and this omission constituted an error affecting the applicant's rights, the order was subject to review. The court granted the application and clarified that leave to refile was granted.

Citation
ENOSH RULING
Parties
Applicant: Enoshi N Lukuwi; 1st Respondent: CRDB Bank PLC; 2nd Respondent: Rajabu Sendoro Kombo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 1982
Procedural Posture
Review Application / Ruling on Application for Review of Prior Judgment
Outcome
Application granted
Legal Topics
Review of Judgment, Withdrawal of Suit, Leave to Refile, Manifest Error
Source Language
English
Civil Procedure Review of Judgment Withdrawal of Suit Leave to Refile Manifest Error

Case Brief

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Parties

Enoshi N Lukuwi

Applicant

CRDB Bank PLC

1st Respondent

Rajabu Sendoro Kombo

2nd Respondent

Procedural Posture

Review Application / Ruling on Application for Review of Prior Judgment

Legal Issues

  1. 1 Whether failure to expressly grant leave to refile in the withdrawal order constitutes an error subject to review

Ratio Decidendi

The court held that since the applicant's prayer to withdraw the suit with leave to refile was not specifically addressed in the original order, and this omission constituted an error affecting the applicant's rights, the order was subject to review. The court granted the application and clarified that leave to refile was granted.

Court Disposition

Application granted

Orders

  • The applicant's prayer to withdraw the suit with leave to refile is granted.