20100930 TZCA Dar es Salaam

20100930 TZCA Dar es Salaam

The applicant failed to establish any of the grounds for review as stipulated by law and precedent. The prior decision regarding the heirs did not annul the administrator's appointment or the sale of the property. The application is an impermissible attempt to rehear the appeal rather than a proper review.

Citation
20100930 TZCA Dar es Salaam
Parties
Applicant: Salima Hussein; Respondents: Hussein Ibrahim Sadiki & Sons
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 September 2010
Procedural Posture
Civil Application for Review / Ruling on Application for Review of Court of Appeal Decision
Outcome
Application dismissed with costs
Legal Topics
Review of Appellate Decisions, Probate and Administration, Islamic Inheritance Law, Title to Property
Source Language
English
Civil Procedure Succession Law Review of Appellate Decisions Probate and Administration Islamic Inheritance Law Title to Property

Case Brief

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Parties

Salima Hussein

Applicant

Hussein Ibrahim Sadiki & Sons

Respondents

Procedural Posture

Civil Application for Review / Ruling on Application for Review of Court of Appeal Decision

Legal Issues

  1. 1 Whether there are grounds to review the Court of Appeal's decision in Civil Appeal No. 55 of 2000
  2. 2 Whether errors of law or fact exist on the face of the record justifying review
  3. 3 Whether the sale of the disputed property to the respondents was valid

Ratio Decidendi

The applicant failed to establish any of the grounds for review as stipulated by law and precedent. The prior decision regarding the heirs did not annul the administrator's appointment or the sale of the property. The application is an impermissible attempt to rehear the appeal rather than a proper review.

Court Disposition

Application dismissed with costs

Orders

  • Application for review is dismissed
  • Applicant to pay costs