20080811 TZHC Mwanza

20080811 TZHC Mwanza

Applicants failed to demonstrate any point of law arising from the grounds advanced; all issues raised were matters of fact already resolved by the lower courts, and no jurisdictional or procedural error was established to warrant leave to appeal to the Court of Appeal.

Citation
20080811 TZHC Mwanza
Parties
Applicant: Mwikwabe Marwa; Applicant: Ndege Matiko; Respondent: Matiko Wanse (represented by Kitende Wanse, administrator of estate)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 August 2008
Procedural Posture
Miscellaneous Civil Application / Application for Leave to Appeal to the Court of Appeal
Outcome
Application dismissed with costs
Legal Topics
Leave to Appeal, Jurisdiction of Primary Courts, Locus in Quo, Capacity to Sue
Source Language
English
Civil Procedure Leave to Appeal Jurisdiction of Primary Courts Locus in Quo Capacity to Sue

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Parties

Mwikwabe Marwa

Applicant

Ndege Matiko

Applicant

Matiko Wanse (represented by Kitende Wanse, administrator of estate)

Respondent

Procedural Posture

Miscellaneous Civil Application / Application for Leave to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether the applicants raised a point of law justifying leave to appeal to the Court of Appeal
  2. 2 Whether the trial primary court had jurisdiction to try the case
  3. 3 Whether the applicants were properly sued in their personal capacity instead of the village government

Ratio Decidendi

Applicants failed to demonstrate any point of law arising from the grounds advanced; all issues raised were matters of fact already resolved by the lower courts, and no jurisdictional or procedural error was established to warrant leave to appeal to the Court of Appeal.

Court Disposition

Application dismissed with costs

Orders

  • Application for leave to appeal to the Court of Appeal is dismissed with costs.