20150505 TZCA Dar es Salaam

20150505 TZCA Dar es Salaam

The applicants failed to demonstrate a manifest error on the face of the record or that the Court's decision was a nullity. The grounds raised either required re-assessment of evidence or were not raised at the appropriate stage, and thus did not meet the strict criteria for review under Rule 66(1) of the Tanzania...

Source-derived case information.

Citation
20150505 TZCA Dar es Salaam
Parties
Applicant: Wambura Evarisi; Applicant: Mary Materego; Applicant: J. Nzanza t/a Nathaniel Services; Applicant: Mwema Nyitunga; Applicant: John Mawazo & Zulu Nyahenge; Applicant: Regina Masenyi; Applicant: Michael Njekumbara; Respondent: Sadock Dotto Magai; Respondent: Fishpark (T) Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 May 2015
Procedural Posture
Civil Application for Review / Ruling on Application for Review of Court of Appeal Judgment
Outcome
application dismissed
Legal Topics
Review of Judgment, Manifest Error, Receivership, Debenture, Nullity of Judgment
Source Language
english
Civil Procedure Commercial Law Review of Judgment Manifest Error Receivership Debenture Nullity of Judgment

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Wambura Evarisi

Applicant

Mary Materego

Applicant

J. Nzanza t/a Nathaniel Services

Applicant

Mwema Nyitunga

Applicant

John Mawazo & Zulu Nyahenge

Applicant

Regina Masenyi

Applicant

Michael Njekumbara

Applicant

Sadock Dotto Magai

Respondent

Fishpark (T) Limited

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the judgment in Civil Appeal No. 67 of 2007 was based on a manifest error on the face of the record resulting in miscarriage of justice
  2. 2 Whether the Court's decision is a nullity

Ratio Decidendi

The applicants failed to demonstrate a manifest error on the face of the record or that the Court's decision was a nullity. The grounds raised either required re-assessment of evidence or were not raised at the appropriate stage, and thus did not meet the strict criteria for review under Rule 66(1) of the Tanzania Court of Appeal Rules, 2009.

Court Disposition

application dismissed

Orders

  • Application for review dismissed with costs.