ibrahim shija kitula vs zabron shem another 2022 tzhclandd 12559 16 november 2022

ibrahim shija kitula vs zabron shem another 2022 tzhclandd 12559 16 november 2022

Applicant failed to establish any irregularity or apparent error on the face of the record; grounds raised challenge the merits of the decision, which is not permissible in review applications under Order 42 Rule 1 (1) (a) and (b) of the Civil Procedure Code.

Citation
ibrahim shija kitula vs zabron shem another 2022 tzhclandd 12559 16 november 2022
Parties
Applicant: Ibrahim Shija Kitula; 1st Respondent: Zabron Shem; 2nd Respondent: Philipo Charles
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
16 November 2022
Procedural Posture
Miscellaneous Land Application / Review Application of High Court Decision
Outcome
Application dismissed
Legal Topics
Review of Judgment, Res Judicata, Ownership Dispute, Illegality of Tribunal Decision
Source Language
English
Civil Procedure Land Law Review of Judgment Res Judicata Ownership Dispute Illegality of Tribunal Decision

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Ibrahim Shija Kitula

Applicant

Zabron Shem

1st Respondent

Philipo Charles

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Review Application of High Court Decision

Legal Issues

  1. 1 Whether there was an error of law and fact apparent on the face of the record justifying review
  2. 2 Whether the principle of res judicata applies to the impugned decision
  3. 3 Whether the DLHT decision declaring 1st respondent as lawful owner was illegal

Ratio Decidendi

Applicant failed to establish any irregularity or apparent error on the face of the record; grounds raised challenge the merits of the decision, which is not permissible in review applications under Order 42 Rule 1 (1) (a) and (b) of the Civil Procedure Code.

Court Disposition

Application dismissed

Orders

  • No order as to costs since applicant was under legal aid