20161223 TZHC Dodoma 1

20161223 TZHC Dodoma 1

The court found that the two issues raised by the applicant are points of law fit for certification to the Court of Appeal of Tanzania, specifically whether an appeal against an interlocutory order was proper and whether revision is barred where there is a right of appeal.

Citation
20161223 TZHC Dodoma 1
Parties
Applicant: Abdallah Mtambo; Respondent: Joyce Mtambo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 December 2016
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Leave and Certificate on Point of Law
Outcome
Application allowed with costs
Legal Topics
Appeals From Interlocutory Orders, Revision Versus Appeal, Certification of Point of Law
Source Language
English
Civil Procedure Probate and Administration Appeals From Interlocutory Orders Revision Versus Appeal Certification of Point of Law

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Parties

Abdallah Mtambo

Applicant

Joyce Mtambo

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Leave and Certificate on Point of Law

Legal Issues

  1. 1 Whether the appeal against interlocutory order before the High Court was proper
  2. 2 Whether a party is barred from resorting to revision where there is a right of appeal

Ratio Decidendi

The court found that the two issues raised by the applicant are points of law fit for certification to the Court of Appeal of Tanzania, specifically whether an appeal against an interlocutory order was proper and whether revision is barred where there is a right of appeal.

Court Disposition

Application allowed with costs

Orders

  • Certificate granted on the two points of law for determination by the Court of Appeal of Tanzania