ernest magesa ta crucial estates limited 2 others vs nivance godfrey urio 2 others 2023 tzhclandd 16807 24 august 2023

ernest magesa ta crucial estates limited 2 others vs nivance godfrey urio 2 others 2023 tzhclandd 16807 24 august 2023

The court found that the applicable law was the Arbitration Act, Cap. 15 R.E 2020, and the previous application was competent. The prior decision to strike out the application was based on an error apparent on the face of the record regarding the applicable statutory provision.

Citation
ernest magesa ta crucial estates limited 2 others vs nivance godfrey urio 2 others 2023 tzhclandd 16807 24 august 2023
Parties
1st Applicant: Ernest Magesa t/a Crucial Estates Limited; 2nd Applicant: Crucial Investment Limited; 3rd Applicant: Ernest Magesa; 1st Respondent: Nivance Godfrey Urio; 2nd Respondent: Devis Godfrey Urio; 3rd Respondent: Peter Peter Junior
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
24 August 2023
Procedural Posture
Miscellaneous Land Application for Review / Ruling on Application for Review
Outcome
Application allowed
Legal Topics
Review of Court Orders, Error Apparent on Record, Arbitration Act Applicability
Source Language
English
Civil Procedure Land Law Review of Court Orders Error Apparent on Record Arbitration Act Applicability

Case Brief

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Parties

Ernest Magesa t/a Crucial Estates Limited

1st Applicant

Crucial Investment Limited

2nd Applicant

Ernest Magesa

3rd Applicant

Nivance Godfrey Urio

1st Respondent

Devis Godfrey Urio

2nd Respondent

Peter Peter Junior

3rd Respondent

Procedural Posture

Miscellaneous Land Application for Review / Ruling on Application for Review

Legal Issues

  1. 1 Whether there was an error apparent on the face of the record in Misc. Land Application No. 212 of 2023 regarding the applicable provision of the Arbitration Act

Ratio Decidendi

The court found that the applicable law was the Arbitration Act, Cap. 15 R.E 2020, and the previous application was competent. The prior decision to strike out the application was based on an error apparent on the face of the record regarding the applicable statutory provision.

Court Disposition

Application allowed

Orders

  • Decision in Misc. Land Application No. 212 of 2023 struck out on 27/6/2023 is set aside.
  • Application No. 212 of 2023 is restored to be determined on merit.