olive oswald mosha vs roman selasin swai 2023 tzhclandd 17162 29 november 2023

The court found that, having ruled all grounds of appeal to be meritorious, the dismissal of the appeal was a manifest error on the face of the record, justifying review and correction of the judgment to reflect that the appeal is allowed.

Citation: olive oswald mosha vs roman selasin swai 2023 tzhclandd 17162 29 november 2023
Parties: Applicant: Olive Oswald Mosha; 1st Respondent: Roman Selasin Swai; 2nd Respondent: Fredrick Jery Hunt
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 29 November 2023
Procedural Posture: Miscellaneous Land Case Application / Ruling on Application for Review
Outcome: Application for review granted; judgment and decree reviewed to allow the appeal.
Legal Topics: Review of Judgment, Error Apparent on the Face of Record, Appeal Disposition
Source Language: English

Civil Procedure Land Law Review of Judgment Error Apparent on the Face of Record Appeal Disposition

Case Brief

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Parties

Olive Oswald Mosha

Applicant

Roman Selasin Swai

1st Respondent

Fredrick Jery Hunt

2nd Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Review

Legal Issues

1 Whether the judgment in Land Appeal No. 240/2023 contained an error apparent on the face of the record regarding the disposition of the appeal
2 Whether the court should review and correct the judgment to reflect the correct outcome

Ratio Decidendi

Court Disposition

Application for review granted; judgment and decree reviewed to allow the appeal.

Orders

The judgment and decree dated 25/08/2023 in Land Appeal No. 240/2023 is reviewed to reflect that the appeal is allowed.
No order for costs.