hermanus p styn vs charles thys 2021 tzca 445 26 august 2021

hermanus p styn vs charles thys 2021 tzca 445 26 august 2021

The application for review does not disclose any manifest error apparent on the face of the record; the grounds raised are in substance grounds of appeal and not review; all preliminary objection grounds were determined; the Court was not required to reconsider its legal conclusions under the guise of review.

Citation
hermanus p styn vs charles thys 2021 tzca 445 26 august 2021
Parties
Applicant: Hermanus P. Steyn; Respondent: Charles Thys
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 August 2021
Procedural Posture
Civil Application for Review / Ruling on Application for Review of Court of Appeal Judgment
Outcome
application dismissed with costs
Legal Topics
Review of Appellate Judgment, Preliminary Objection, Res Judicata, Notice of Appeal, Compliance With Court Orders
Source Language
English
Civil Procedure Review of Appellate Judgment Preliminary Objection Res Judicata Notice of Appeal Compliance With Court Orders

Case Brief

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Parties

Hermanus P. Steyn

Applicant

Charles Thys

Respondent

Procedural Posture

Civil Application for Review / Ruling on Application for Review of Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Court failed to determine all grounds of preliminary objection, specifically the issue of notice of appeal
  2. 2 Whether consolidation of preliminary objection grounds was erroneous
  3. 3 Whether failure to comply with a court order to amend the record of appeal rendered the appeal incompetent

Ratio Decidendi

The application for review does not disclose any manifest error apparent on the face of the record; the grounds raised are in substance grounds of appeal and not review; all preliminary objection grounds were determined; the Court was not required to reconsider its legal conclusions under the guise of review.

Court Disposition

application dismissed with costs

Orders

  • application for review dismissed
  • costs awarded to respondent