20050418 TZHC Dar es Salaam

There was no mistake or error apparent on the face of the record in the High Court's decision and order to warrant a review; the application for review is rejected on this ground, not on the preliminary objections.

Citation: 20050418 TZHC Dar es Salaam
Parties: Appellant: OIL COM LIMITED; Respondents: John Issaya and 7 Others; Applicant: Martin Magary
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 18 April 2005
Procedural Posture: Civil Appeal / Ruling on Application for Review and Preliminary Objection
Outcome: application for review rejected
Legal Topics: Review of Court Decisions, Appellate Jurisdiction, Preliminary Objection, Nullity of Judgment
Source Language: English

Civil Procedure Review of Court Decisions Appellate Jurisdiction Preliminary Objection Nullity of Judgment

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Parties

OIL COM LIMITED

Appellant

John Issaya and 7 Others

Respondents

Martin Magary

Applicant

Procedural Posture

Civil Appeal / Ruling on Application for Review and Preliminary Objection

Legal Issues

1 Whether a review can be sought for proceedings arising from a judgment declared a nullity
2 Whether the application for review complies with Order XLII Rule 1(1)(b) of the Civil Procedure Code, 1966
3 Whether there is an apparent error on the face of the record warranting review

Ratio Decidendi

Court Disposition

application for review rejected

Orders

Application for review is rejected.
Case to be remitted to the District Court of Kinondoni for re-trial by another magistrate with competent jurisdiction.