CIVIL APPLICATION NO 123 01 OF 2023 MARIA AMANDUS KAVISHE VS NORAH WAZIRI MZERU ANOTHER

CIVIL APPLICATION NO 123 01 OF 2023 MARIA AMANDUS KAVISHE VS NORAH WAZIRI MZERU ANOTHER

The applicant failed to demonstrate any manifest error on the face of the record or miscarriage of justice in the impugned judgment. The issues raised were either not part of the original appeal or amounted to a request for re-appraisal of evidence, which is not permissible in review. The application was therefore dismissed with costs.

Citation
CIVIL APPLICATION NO 123 01 OF 2023 MARIA AMANDUS KAVISHE VS NORAH WAZIRI MZERU ANOTHER
Parties
Applicant: Maria Amandus Kavishe; First Respondent: Norah Waziri Mzeru (Administratrix of the Estate of the Late Silvanus Mzeru); Second Respondent: Majembe Auction Mart
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
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 Judgment, Manifest Error on Face of Record, Ownership of Land, Counterclaim, Procedural Irregularity, Pleadings and Evidence
Source Language
English
Civil Law Land Law Appellate Procedure Review of Judgment Manifest Error on Face of Record Ownership of Land Counterclaim Procedural Irregularity +1 more

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Parties

Maria Amandus Kavishe

Applicant

Norah Waziri Mzeru (Administratrix of the Estate of the Late Silvanus Mzeru)

First Respondent

Majembe Auction Mart

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the judgment of the Court contained manifest errors on the face of the record resulting in miscarriage of justice
  2. 2 Whether the counterclaim was sustained without preponderant evidence

Ratio Decidendi

The applicant failed to demonstrate any manifest error on the face of the record or miscarriage of justice in the impugned judgment. The issues raised were either not part of the original appeal or amounted to a request for re-appraisal of evidence, which is not permissible in review. The application was therefore dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • Application for review is dismissed
  • Applicant to pay costs