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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether it is a legal requirement that amount of compensation needs to be sent to the Chief Government Valuer
- 2 Whether failure to appeal against the assessment made by the Chief Government Valuer denied the applicants' rights to sue
- 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
Full Case Text
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