equador limited vs national development corporation 2023 tzca 4 27 january 2023

equador limited vs national development corporation 2023 tzca 4 27 january 2023

The applicant failed to demonstrate any manifest error on the face of the record or denial of the right to be heard. The Court found that the applicant, as a trespasser, could not claim for unlawful eviction or compensation, and that the issues raised were attempts to re-litigate matters already decided. The participation of Justice Korosso did not occasion a miscarriage of justice, and any objection to her involvement was waived by the applicant's failure to raise it at the appropriate time.

Citation
equador limited vs national development corporation 2023 tzca 4 27 january 2023
Parties
Applicant: Equador Limited; Respondent: National Development Corporation
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 January 2023
Procedural Posture
Civil Application for Review / Ruling on Application for Review of Court of Appeal Judgment
Outcome
Application dismissed with costs
Legal Topics
Review of Judgment, Right to Be Heard, Manifest Error, Trespass, Eviction, Compensation for Property Damage, Judicial Bias
Source Language
English
Civil Procedure Land Law Landlord and Tenant Review of Judgment Right to Be Heard Manifest Error Trespass Eviction +2 more

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Parties

Equador Limited

Applicant

National Development Corporation

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether there was a manifest error on the face of the record justifying review
  2. 2 Whether the applicant was denied the right to be heard on the issue of trespass
  3. 3 Whether participation of a Justice who previously dealt with a related matter constituted bias or lack of jurisdiction

Ratio Decidendi

The applicant failed to demonstrate any manifest error on the face of the record or denial of the right to be heard. The Court found that the applicant, as a trespasser, could not claim for unlawful eviction or compensation, and that the issues raised were attempts to re-litigate matters already decided. The participation of Justice Korosso did not occasion a miscarriage of justice, and any objection to her involvement was waived by the applicant's failure to raise it at the appropriate time.

Court Disposition

Application dismissed with costs

Orders

  • Application for review is dismissed with costs