20070906 TZHC Arusha

20070906 TZHC Arusha

The application for leave to appeal is granted because the decision sought to be appealed from raises an issue of law regarding the appealability of an order rejecting an application for review under Order XLII rule 7 of the Civil Procedure Code, which must be determined by the Court of Appeal.

Citation
20070906 TZHC Arusha
Parties
Applicant: Eliphasi Langei; Respondent: Sangau Kilae
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 September 2007
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Leave to Appeal
Outcome
Application granted with costs
Legal Topics
Leave to Appeal, Revision, Appellate Jurisdiction, Review Orders
Source Language
English
Civil Procedure Leave to Appeal Revision Appellate Jurisdiction Review Orders

Case Brief

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Parties

Eliphasi Langei

Applicant

Sangau Kilae

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the High Court was legally justified in rejecting/dismissing the applicant's application for revision in the circumstances of this case and in terms of Order XLII rule 7 of the Civil Procedure Code

Ratio Decidendi

The application for leave to appeal is granted because the decision sought to be appealed from raises an issue of law regarding the appealability of an order rejecting an application for review under Order XLII rule 7 of the Civil Procedure Code, which must be determined by the Court of Appeal.

Court Disposition

Application granted with costs

Orders

  • Leave to appeal to the Court of Appeal is granted with costs