20000419 TZHC Dar es Salaam2

20000419 TZHC Dar es Salaam2

The application for review lacks merit as the grounds have already been considered and dismissed; applicant's remedy lies in appeal, not review.

Citation
20000419 TZHC Dar es Salaam2
Parties
Applicant: Ezekiel Kapugi; Respondent: Bubeshi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 April 2000
Procedural Posture
Civil Appeal / Review Application
Outcome
application dismissed with costs
Legal Topics
Review of Judgment, Land Dispute, Compensation, Forum Shopping
Source Language
English

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Parties

Ezekiel Kapugi

Applicant

Bubeshi

Respondent

Procedural Posture

Civil Appeal / Review Application

  1. 1 Whether the court should review its judgment to order compensation for cashew nut tree and partial removal of foundation
  2. 2 Whether the facts in PC Civil Appeal No. 16/92 were heard on merits
  3. 3 Whether the trial court was obligated to hand over demolished bricks in writing

Ratio Decidendi

The application for review lacks merit as the grounds have already been considered and dismissed; applicant's remedy lies in appeal, not review.

Court Disposition

application dismissed with costs

Orders

  • Application for review dismissed
  • Costs awarded to respondent