fredrick anthony mboma vs serikali ya mtaa kibangu and 2 others 2024 tzhc 754 8 march 2024

fredrick anthony mboma vs serikali ya mtaa kibangu and 2 others 2024 tzhc 754 8 march 2024

The court found that although there was an error in referencing paragraph numbers without letters (a) and (b), this did not result in miscarriage of justice as the expunged paragraph 8(a) would not have supported the application for leave. Therefore, no justifiable ground for review was established.

Citation
fredrick anthony mboma vs serikali ya mtaa kibangu and 2 others 2024 tzhc 754 8 march 2024
Parties
Applicant: Fredrick Anthony Mboma; 1st Respondent: Serikali ya Mtaa Kibangu; 2nd Respondent: Ubungo Municipal Council; 3rd Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 March 2024
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Review
Outcome
Application dismissed
Legal Topics
Review of Court Decisions, Affidavit Requirements, Leave to Appeal
Source Language
English
Civil Procedure Review of Court Decisions Affidavit Requirements Leave to Appeal

Case Brief

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Parties

Fredrick Anthony Mboma

Applicant

Serikali ya Mtaa Kibangu

1st Respondent

Ubungo Municipal Council

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Review

Legal Issues

  1. 1 Whether the court erred in striking out non-existent paragraphs from the applicant's affidavit
  2. 2 Whether there is an error apparent on the face of the record justifying review

Ratio Decidendi

The court found that although there was an error in referencing paragraph numbers without letters (a) and (b), this did not result in miscarriage of justice as the expunged paragraph 8(a) would not have supported the application for leave. Therefore, no justifiable ground for review was established.

Court Disposition

Application dismissed

Orders

  • Each party to bear own costs