20161020 TZHC Dodoma

20161020 TZHC Dodoma

Leave to appeal granted as there are triable issues fit for determination by the Court of Appeal; application not frivolous, vexatious, or useless.

Citation
20161020 TZHC Dodoma
Parties
Applicant: Mary Masaga; Applicant: Godfrey Stephan Mwitea; Applicant: Cosmas Kutitu & 195 Others; Respondent: Tanzania Airports Authority; Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 October 2016
Procedural Posture
Miscellaneous Land Case Application / Application for Leave to Appeal
Outcome
Leave to appeal granted
Legal Topics
Leave to Appeal, Compensation, Interest, General Damages
Source Language
English

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Parties

Mary Masaga

Applicant

Godfrey Stephan Mwitea

Applicant

Cosmas Kutitu & 195 Others

Applicant

Tanzania Airports Authority

Respondent

Attorney General

Respondent

Procedural Posture

Miscellaneous Land Case Application / Application for Leave to Appeal

  1. 1 Whether it is a legal requirement that amount of compensation needs to be sent to the Chief Government Valuer
  2. 2 Whether failure to appeal against the assessment made by the Chief Government Valuer denied the applicants' rights to sue
  3. 3 Whether the act of receiving payment waived the applicants' right to sue

Ratio Decidendi

Leave to appeal granted as there are triable issues fit for determination by the Court of Appeal; application not frivolous, vexatious, or useless.

Court Disposition

Leave to appeal granted

Orders

  • Each party to bear its own costs