20000616 TZHC Dar es Salaam 1

The ground advanced does not constitute 'new and important matter' as required by law, and the court cannot satisfy itself without evidence from the parties; therefore, review is not warranted.

Citation: 20000616 TZHC Dar es Salaam 1
Parties: Petitioner: Mariam Kaporo; Respondent: Yusufu Mfereri
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 16 June 2000
Procedural Posture: Civil Appeal / Review Application Post Appeal
Outcome: application for review rejected with costs
Legal Topics: Marriage Dissolution, Review of Judgment
Source Language: English

Family Law Civil Procedure Marriage Dissolution Review of Judgment

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Mariam Kaporo

Petitioner

Yusufu Mfereri

Respondent

Procedural Posture

Civil Appeal / Review Application Post Appeal

Legal Issues

1 Whether the court can review its own decision based on parties' changed willingness to live together
2 Whether the ground advanced qualifies as 'new and important matter' under Order 42 Rule 1 and 2 CPC 1966

Ratio Decidendi

The ground advanced does not constitute 'new and important matter' as required by law, and the court cannot satisfy itself without evidence from the parties; therefore, review is not warranted.

Court Disposition

application for review rejected with costs

Orders

application for review is rejected
costs awarded to respondent