philip chumbuka vs masudi ally kasele 2011 tzca 2 9 june 2011

philip chumbuka vs masudi ally kasele 2011 tzca 2 9 june 2011

The applicant failed to demonstrate any of the grounds required for review under Rule 66(1) of the Court of Appeal Rules, 2009; the Court found no manifest error, deprivation of opportunity to be heard, or nullity in the prior decision.

Citation
philip chumbuka vs masudi ally kasele 2011 tzca 2 9 june 2011
Parties
Applicant: Phillip Chumbuka; Respondent: Masudi Ally Kasele
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 June 2011
Procedural Posture
Civil Application / Review of Court of Appeal Decision
Outcome
Application dismissed with costs
Legal Topics
Review, Extension of Time, Right to Be Heard
Source Language
English
Civil Procedure Review Extension of Time Right to Be Heard

Case Brief

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Parties

Phillip Chumbuka

Applicant

Masudi Ally Kasele

Respondent

Procedural Posture

Civil Application / Review of Court of Appeal Decision

Legal Issues

  1. 1 Whether the applicant established grounds for review under Rule 66(1) of the Court of Appeal Rules, 2009
  2. 2 Whether the applicant was wrongly deprived of an opportunity to be heard
  3. 3 Whether there was a manifest error on the face of the record resulting in a miscarriage of justice

Ratio Decidendi

The applicant failed to demonstrate any of the grounds required for review under Rule 66(1) of the Court of Appeal Rules, 2009; the Court found no manifest error, deprivation of opportunity to be heard, or nullity in the prior decision.

Court Disposition

Application dismissed with costs

Orders

  • Application for review dismissed
  • Applicant to pay costs