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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the judgment was obtained by fraud
- 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 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
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