mussa hamisi mkanga others vs godbless jonathan lema 2016 tzca 886 19 september 2016

mussa hamisi mkanga others vs godbless jonathan lema 2016 tzca 886 19 september 2016

The application for review was dismissed because the applicants failed to point out any manifest error on the face of the record or show that they were denied a hearing, and the powers of review do not extend to resolving conflicting decisions or referring matters to a full bench for rehearing.

Citation
mussa hamisi mkanga others vs godbless jonathan lema 2016 tzca 886 19 september 2016
Parties
Applicant: Mussa Hamisi Mkanga; Applicant: Agness Gidion Mollel; Applicant: Happy Emmanuel Kivuyo; Respondent: Godbless Jonathan Lema; Necessary Party: The Hon. The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 September 2016
Procedural Posture
Civil Application for Review / Application for Review of Judgment and Order
Outcome
application dismissed with costs
Legal Topics
Review of Appellate Judgment, Powers of Review Vs. Resolving Conflicting Decisions, Composition of Appellate Bench
Source Language
English
Civil Procedure Election Law Review of Appellate Judgment Powers of Review Vs. Resolving Conflicting Decisions Composition of Appellate Bench

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Parties

Mussa Hamisi Mkanga

Applicant

Agness Gidion Mollel

Applicant

Happy Emmanuel Kivuyo

Applicant

Godbless Jonathan Lema

Respondent

The Hon. The Attorney General

Necessary Party

Procedural Posture

Civil Application for Review / Application for Review of Judgment and Order

Legal Issues

  1. 1 Whether the Court of Appeal can refer a matter to a full bench of seven Justices to rehear an appeal under review powers
  2. 2 Whether the application disclosed any manifest error on the face of the record justifying review

Ratio Decidendi

The application for review was dismissed because the applicants failed to point out any manifest error on the face of the record or show that they were denied a hearing, and the powers of review do not extend to resolving conflicting decisions or referring matters to a full bench for rehearing.

Court Disposition

application dismissed with costs

Orders

  • Application for review dismissed with costs.
  • Costs certified for two advocates for the respondent and the Attorney General.