20141024 TZHC Iringa

The order dated 10/6/2008 by Hon. Jundu, J. was per incuriam and an error apparent on the face of the record, as there was no appeal existing before the High Court Iringa Registry capable of being dismissed for want of prosecution. The conflicting decision must be vacated to avoid miscarriage of justice.

Citation: 20141024 TZHC Iringa
Parties: Applicant: Hashim Mwalongo; Applicant: Hawa Kibwana; Respondent: Abdallah Mwalongo; Respondent: Zuberi Mwalongo
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 24 October 2014
Procedural Posture: Miscellaneous Civil Application / Ruling on Application for Review
Outcome: Application granted
Legal Topics: Review, Error Apparent on the Face of Record, Conflicting Judgments, Appeal Process
Source Language: English

Civil Procedure Review Error Apparent on the Face of Record Conflicting Judgments Appeal Process

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Parties

Hashim Mwalongo

Applicant

Hawa Kibwana

Applicant

Abdallah Mwalongo

Respondent

Zuberi Mwalongo

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Review

Legal Issues

1 Whether there is an error apparent on the face of the record due to two conflicting High Court decisions arising from the same appeal

Ratio Decidendi

Court Disposition

Application granted

Orders

Order dated 10/06/2008 dismissing (PC) Civil Appeal No. 62 of 2002 is vacated
Pending Misc. Civil Application No. 62 of 2006 to be resumed for continuation with hearing of preliminary objection