20150223 TZHC Dodoma

20150223 TZHC Dodoma

There was no manifest error on the face of the record, no fraud, and no deprivation of opportunity to be heard; the grounds raised were grounds of appeal, not review, and the court lacked jurisdiction to entertain them as a review.

Citation
20150223 TZHC Dodoma
Parties
Applicant: Simforaza Mathias; Respondent: Augustino Joseph
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 February 2015
Procedural Posture
Miscellaneous Land Case Application (review) / Ruling on Application for Review
Outcome
Application dismissed with costs.
Legal Topics
Review of Judgment, Ownership of Land, Sale Agreement Validity
Source Language
English
Land Law Civil Procedure Review of Judgment Ownership of Land Sale Agreement Validity

Case Brief

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Parties

Simforaza Mathias

Applicant

Augustino Joseph

Respondent

Procedural Posture

Miscellaneous Land Case Application (review) / Ruling on Application for Review

Legal Issues

  1. 1 Whether there is an error apparent on the face of the record warranting review of the High Court decision
  2. 2 Whether the applicant was the lawful owner capable of transferring the disputed land

Ratio Decidendi

There was no manifest error on the face of the record, no fraud, and no deprivation of opportunity to be heard; the grounds raised were grounds of appeal, not review, and the court lacked jurisdiction to entertain them as a review.

Court Disposition

Application dismissed with costs.

Orders

  • The application for review is dismissed with costs.