tarime district council vs gabriel p mrema 1996 tzhc 36 16 may 1996

tarime district council vs gabriel p mrema 1996 tzhc 36 16 may 1996

The proceedings in the lower court resulted in a consent order for payment by instalments, which is not appealable except on grounds of fraud. No error apparent on the face of the record exists to justify review. The application is incompetent and devoid of merit.

Citation
tarime district council vs gabriel p mrema 1996 tzhc 36 16 may 1996
Parties
Applicant: Tarime District Council; Respondent: Gabriel P. Mrema
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 May 1996
Procedural Posture
Civil Revision / Ruling on Application for Review/revision
Outcome
Application struck out as incompetent with costs
Legal Topics
Consent Orders, Review, Revision, Appealability, Execution of Decrees
Source Language
English
Civil Procedure Consent Orders Review Revision Appealability Execution of Decrees

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Parties

Tarime District Council

Applicant

Gabriel P. Mrema

Respondent

Procedural Posture

Civil Revision / Ruling on Application for Review/revision

Legal Issues

  1. 1 Whether the application is for review or revision
  2. 2 Whether an appeal lies against a consent order
  3. 3 Whether there is an error apparent on the face of the record justifying review

Ratio Decidendi

The proceedings in the lower court resulted in a consent order for payment by instalments, which is not appealable except on grounds of fraud. No error apparent on the face of the record exists to justify review. The application is incompetent and devoid of merit.

Court Disposition

Application struck out as incompetent with costs

Orders

  • Application is struck out as incompetent in law
  • Applicant to pay costs