hajibhai kara ibrahim vs mrs zubeda ahmed lakha others 2023 tzca 17649 25 september 2023

hajibhai kara ibrahim vs mrs zubeda ahmed lakha others 2023 tzca 17649 25 september 2023

No manifest error apparent on the face of the record was demonstrated. The applicant cannot assert denial of hearing for persons not party to proceedings. Review is not available for mere grievances or issues not raised at trial or appeal.

Citation
hajibhai kara ibrahim vs mrs zubeda ahmed lakha others 2023 tzca 17649 25 september 2023
Parties
Applicant: Hajibhai Kara Ibrahim; 1st Respondent: Mrs Zubeda Ahmed Lakha; 2nd Respondent: The Minister of Lands, Natural Resources and Tourism (now Minister of Lands, Housing and Human Settlements Development); 3rd Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 September 2023
Procedural Posture
Civil Application for Review / Ruling on Application for Review
Outcome
Application dismissed with costs
Legal Topics
Review of Appellate Judgment, Right to Be Heard, Error Apparent on the Face of Record
Source Language
English
Land Law Civil Procedure Review of Appellate Judgment Right to Be Heard Error Apparent on the Face of Record

Case Brief

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Parties

Hajibhai Kara Ibrahim

Applicant

Mrs Zubeda Ahmed Lakha

1st Respondent

The Minister of Lands, Natural Resources and Tourism (now Minister of Lands, Housing and Human Settlements Development)

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Civil Application for Review / Ruling on Application for Review

Legal Issues

  1. 1 Whether there was a manifest error on the face of the record justifying review
  2. 2 Whether persons not party to proceedings were denied the right to be heard

Ratio Decidendi

No manifest error apparent on the face of the record was demonstrated. The applicant cannot assert denial of hearing for persons not party to proceedings. Review is not available for mere grievances or issues not raised at trial or appeal.

Court Disposition

Application dismissed with costs

Orders

  • Application for review dismissed
  • Costs awarded to respondents