20020419 TZCA Dar es salaam

20020419 TZCA Dar es salaam

Interlocutory decisions of the High Court in election petition cases are not appealable as of right under Article 83(4) of the Constitution; such appeals require leave. The Court in Ngala's case interpreted Article 83(4) too widely.

Citation
20020419 TZCA Dar es salaam
Parties
1st Appellant: Freeman Michael Mbowe; 2nd Appellant: The Hon. Attorney General; Respondent: Alex O. Lema
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 April 2002
Procedural Posture
Civil Appeal / Ruling on Preliminary Legal Issue Regarding Appealability of Interlocutory Order
Outcome
Reference answered; matter remitted to full Court for further proceedings.
Legal Topics
Appeals as of Right, Interlocutory Orders, Election Petitions, Jurisdiction of Court of Appeal
Source Language
English
Constitutional Law Election Law Civil Procedure Appeals as of Right Interlocutory Orders Election Petitions Jurisdiction of Court of Appeal

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Parties

Freeman Michael Mbowe

1st Appellant

The Hon. Attorney General

2nd Appellant

Alex O. Lema

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Legal Issue Regarding Appealability of Interlocutory Order

Legal Issues

  1. 1 Whether an interlocutory order of the High Court in an election petition is appealable as of right under Article 83(4) of the Constitution of Tanzania or only with leave
  2. 2 Interpretation of Article 83(4) of the Constitution regarding scope of appeal as of right

Ratio Decidendi

Interlocutory decisions of the High Court in election petition cases are not appealable as of right under Article 83(4) of the Constitution; such appeals require leave. The Court in Ngala's case interpreted Article 83(4) too widely.

Court Disposition

Reference answered; matter remitted to full Court for further proceedings.

Orders

  • The Court holds that interlocutory decisions in election petitions are not appealable as of right under Article 83(4) of the Constitution.
  • The matter is remitted to the full Court for the appeal to be dealt with accordingly.