This is an application for
review. It has been brought by the applicant/contractor and relates to the
Court’s decision in Civil Appeal No. 68 of 2014 dated 5.2.2018. It is by way of
Notice of Motion, and is anchored under the provisions of section 4 (4) of the
Appellate Jurisdiction Act [Cap 141 R.E. 2002] as amended by the Written Laws
(Misc. Amendments Act) No. 3 of 2016 (the AJA) and rule 66 (1) (a) of the
Tanzania Court of Appeal Rules, 2009 (the Rules). The said application is
supported by an affidavit sworn by Patrick Mbedule, the principal officer of
the applicant company. The Notice of Motion has raised a single ground that
there is a manifest error on the face of the record in that judgment, resulting
in the miscarriage of justice because there wasn’t any decision taken by the
Project Manager which the contractor (the applicant) believed was either
outside the authority by the contract or that the decision was wrongly taken, as
such there was no decision to be referred to adjudication prior to arbitration.
The application is contested by the Respondent/employer. It
is contended on its behalf that there is no any manifest error on the face of
the record in the judgment of the Court of 5.2.2018 capable of occasioning a
miscarriage of justice.