zabiuna ahamad nyoni v victor eusebius kilowoko another 2023 tzhc 21358 25 september 2023

zabiuna ahamad nyoni v victor eusebius kilowoko another 2023 tzhc 21358 25 september 2023

The applicant failed to demonstrate any errors apparent on the face of the record or fraud in the judgment; the grounds raised were in the nature of an appeal and not review, which is not permissible.

Citation
zabiuna ahamad nyoni v victor eusebius kilowoko another 2023 tzhc 21358 25 september 2023
Parties
Applicant: Zabiuna Ahamad Nyoni; 1st Respondent: Victor Eusebius Kilowoko; 2nd Respondent: Abdul Majid Kilosa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 September 2023
Procedural Posture
Land Review / Ruling on Application for Review
Outcome
Application dismissed
Legal Topics
Review of Judgment, Fraud, Apparent Error on Record, Land Ownership, Contract of Sale, Miscarriage of Justice
Source Language
English

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Parties

Zabiuna Ahamad Nyoni

Applicant

Victor Eusebius Kilowoko

1st Respondent

Abdul Majid Kilosa

2nd Respondent

Procedural Posture

Land Review / Ruling on Application for Review

  1. 1 Whether the judgment was obtained by fraud
  2. 2 Whether there was an apparent error on the face of the record in the interpretation of section 68 of the Land Registration Act
  3. 3 Whether the court erred in failing to give orders against the second respondent

Ratio Decidendi

The applicant failed to demonstrate any errors apparent on the face of the record or fraud in the judgment; the grounds raised were in the nature of an appeal and not review, which is not permissible.

Court Disposition

Application dismissed

Orders

  • Application for review is dismissed
  • No order as to costs