abdallah bakari vs mikidadi ramadhani 2023 tzhc 18508 23 june 2023

abdallah bakari vs mikidadi ramadhani 2023 tzhc 18508 23 june 2023

None of the seven proposed points raised by the applicant constitute certifiable points of law as they were either already adjudicated, based on factual matters, or clearly addressed by statutory provisions. The application is therefore dismissed.

Citation
abdallah bakari vs mikidadi ramadhani 2023 tzhc 18508 23 june 2023
Parties
Applicant: Abdallah Bakari; Respondent: Mikidadi s/o Ramadhani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 June 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Certification of Points of Law for Appeal
Outcome
Application dismissed
Legal Topics
Certification of Point of Law, Appellate Jurisdiction, Primary Court Appeals, Jurisdiction, Counterclaim, Assessment of Evidence
Source Language
English
Civil Procedure Certification of Point of Law Appellate Jurisdiction Primary Court Appeals Jurisdiction Counterclaim Assessment of Evidence

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Parties

Abdallah Bakari

Applicant

Mikidadi s/o Ramadhani

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Certification of Points of Law for Appeal

Legal Issues

  1. 1 Whether the seven proposed points are certifiable as points of law for appeal to the Court of Appeal

Ratio Decidendi

None of the seven proposed points raised by the applicant constitute certifiable points of law as they were either already adjudicated, based on factual matters, or clearly addressed by statutory provisions. The application is therefore dismissed.

Court Disposition

Application dismissed

Orders

  • Each party to bear its own costs