19980417 TZHC Dar es Salaam

19980417 TZHC Dar es Salaam

The application for review did not disclose any new or important matter, mistake, or error apparent on the face of the record, nor any sufficient reason analogous to those grounds. The interim order only restrained the convening of NEC and Central Committee meetings and did not affect other party organs or activities. Procedural objections were partly upheld, but the memorandum of review was accepted. The grounds advanced did not justify review under the law.

Citation
19980417 TZHC Dar es Salaam
Parties
Applicants/respondents: Augustine Lyatonga Mrema & 2 Others; Respondents/applicants: Mabere Nyaucho Marando & 2 Others
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 April 1998
Procedural Posture
Civil Review Application / Ruling on Application for Review of Interim Order
Outcome
Application for review dismissed with costs.
Legal Topics
Review of Court Orders, Interim Injunctions, Party Constitution Interpretation, Procedural Compliance
Source Language
English
Civil Procedure Constitutional Law Political Parties Law Review of Court Orders Interim Injunctions Party Constitution Interpretation Procedural Compliance

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Parties

Augustine Lyatonga Mrema & 2 Others

Applicants/respondents

Mabere Nyaucho Marando & 2 Others

Respondents/applicants

Procedural Posture

Civil Review Application / Ruling on Application for Review of Interim Order

Legal Issues

  1. 1 Whether the application for review of the interim order was properly before the court
  2. 2 Whether sufficient grounds existed for review under Order XLII Rule 1 of the Civil Procedure Code
  3. 3 Whether the interim order created a vacuum or loophole in the party's administration

Ratio Decidendi

The application for review did not disclose any new or important matter, mistake, or error apparent on the face of the record, nor any sufficient reason analogous to those grounds. The interim order only restrained the convening of NEC and Central Committee meetings and did not affect other party organs or activities. Procedural objections were partly upheld, but the memorandum of review was accepted. The grounds advanced did not justify review under the law.

Court Disposition

Application for review dismissed with costs.

Orders

  • Chamber Summons and affidavit struck off as improperly filed.
  • Application for review of the interim order dated 13th October 1997 dismissed with costs.