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
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Parties
Ezekiel Kapugi
Applicant
Bubeshi
Respondent
Procedural Posture
Civil Appeal / Review Application
Legal Issues
- 1 Whether the court should review its judgment to order compensation for cashew nut tree and partial removal of foundation
- 2 Whether the facts in PC Civil Appeal No. 16/92 were heard on merits
- 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
Full Case Text
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