Are you Agrieved? A ultimate guide on how to Draft memorandum of review in Tanzania.

What is memorandum of review in Tanzania?

A memorandum of review is a document filed in a Tanzanian court seeking to have a previous decision reviewed. It is a formal application that must be filed in accordance with the Civil Procedure Code.

here is sample of memorandum of review in Tanzania legal system.

IN THE HIGH COURT OF TANZANIA

(MBEYA DISTRICT REGISTRY)

AT MBEYA.

MISCELLANEOUS CIVIL APPLICATION NO…… OF 20…

Between

XXX……………….………Applicant

 AND 

YYY…………………….Respondent

MEMORANDUM OF REVIEW

(Made under Section 78(1),95 and Order XLII Rules 1 and 3 of the Civil Procedure Code, CAP 33 R.E 2019 as amended)

The Applicant, named in the  above, being aggrieved by the Order of this Honourable Court (Hon………….J.) made on ………………, a copy of which Order is attached to this memorandum, hereby applies to this Honourable Court for review of the said Order upon the grounds that:

That the Honourable court erred in fact and in law by………………………………………………………………………………….

That the Honourable Court made its decision in this matter on……………………………………….

WHEREFORE, the Applicant prays the Honourable Court to allow this application and review its Order of ………., and issue the following orders:

To issue an order setting aside the dismissal order of ……… and that the Applicant’s application for a ………… be heard on merit.

To issue an order that the Respondent pay the costs of  this application.

any other order as the Honourable Court may deem fit and just to grant

.

Dated at Dar es Salaam this _______ day of …………. 20…..

 ___________________

Advocate for the Applicant

Presented for filing in Court this ________ day of ……… 20…

_____________

Registry officer

TO BE SERVED UPON:

Respondent.

DRAWN AND FILED BY:

Sheria zetu Advocate

P.O. Box 2525.

DAR ES SALAAM.

What are mainly ground for Review in Tanzania?

manifest error on the face of the record.

Fraud or collusion.

A material irregularity in the proceedings.

Newly discovered evidence that could not have been discovered with reasonable diligence at the time of the previous hearing.

Conclusion.

A memorandum of review is application done by Party in previous proceeding in the same court and same judge or magistrate.