19890829 TZHC Dar es Salaam

19890829 TZHC Dar es Salaam

The application for transfer is dismissed because the applicant failed to establish any of the statutory grounds under section 47(1)(c) of the Magistrates' Courts Act, 1984, and the wish to be represented by an advocate is not a sufficient or qualified reason for transfer or leave under sections 47 or 63.

Source-derived case information.

Citation
19890829 TZHC Dar es Salaam
Parties
Applicant: Abubakar Mohamed Mlenda; Respondent: Juma Mfaume
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 August 1989
Procedural Posture
Miscellaneous Civil Cause / Ruling on Application for Transfer of Case From Primary Court to District Court
Outcome
Application dismissed with costs
Legal Topics
Transfer of Proceedings, Jurisdiction of Courts, Representation by Advocate, Customary Law
Source Language
english
Civil Procedure Transfer of Proceedings Jurisdiction of Courts Representation by Advocate Customary Law

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Parties

Abubakar Mohamed Mlenda

Applicant

Juma Mfaume

Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Application for Transfer of Case From Primary Court to District Court

Legal Issues

  1. 1 Whether the applicant is entitled to an order and leave to transfer a case from the Primary Court to the District Court under the Magistrates' Courts Act, 1984
  2. 2 Whether the wish to be represented by an advocate constitutes sufficient ground for such transfer

Ratio Decidendi

The application for transfer is dismissed because the applicant failed to establish any of the statutory grounds under section 47(1)(c) of the Magistrates' Courts Act, 1984, and the wish to be represented by an advocate is not a sufficient or qualified reason for transfer or leave under sections 47 or 63.

Court Disposition

Application dismissed with costs

Orders

  • Application for transfer of proceedings from Primary Court to District Court is refused
  • Case to proceed in the Primary Court