freeman aikael mbowe another vs alex o lema 2001 tzca 6 20 september 2001

freeman aikael mbowe another vs alex o lema 2001 tzca 6 20 september 2001

Article 83(4) of the Constitution does not grant a right of appeal as of right against every decision of the High Court in election petition cases; it applies only to final decisions determining the legality of an election or vacancy of a parliamentary seat. Interlocutory decisions that do not finally determine the matter are not appealable as of right under article 83(4) and require leave under section 5(1) of the Appellate Jurisdiction Act.

Citation
freeman aikael mbowe another vs alex o lema 2001 tzca 6 20 september 2001
Parties
First Appellant: Freeman Aikaeli Mbowe; Second Appellant: Attorney General; Respondent: Alex O Lema
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 September 2001
Procedural Posture
Civil Appeal / Ruling on Preliminary Legal Issue by Full Bench, Referral Back to Full Court for Determination of Appeal
Outcome
Matter referred back to the Full Court for the appeal to be dealt with in the usual manner; appeal from the interlocutory decision is governed by section 5(1) of the Appellate Jurisdiction Act, not article 83(4) of the Constitution.
Legal Topics
Leave to Appeal, Interlocutory Orders, Appeals in Election Petitions, Interpretation of Constitution, Appellate Jurisdiction
Source Language
English
Civil Procedure Constitutional Law Election Law Leave to Appeal Interlocutory Orders Appeals in Election Petitions Interpretation of Constitution Appellate Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Freeman Aikaeli Mbowe

First Appellant

Attorney General

Second Appellant

Alex O Lema

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Legal Issue by Full Bench, Referral Back to Full Court for Determination of Appeal

Legal Issues

  1. 1 Whether article 83(4) of the Constitution grants a right of appeal as of right against any decision of the High Court in election petition cases, including interlocutory orders
  2. 2 Whether the interlocutory decision of the High Court in this case is appealable as of right or only with leave

Ratio Decidendi

Article 83(4) of the Constitution does not grant a right of appeal as of right against every decision of the High Court in election petition cases; it applies only to final decisions determining the legality of an election or vacancy of a parliamentary seat. Interlocutory decisions that do not finally determine the matter are not appealable as of right under article 83(4) and require leave under section 5(1) of the Appellate Jurisdiction Act.

Court Disposition

Matter referred back to the Full Court for the appeal to be dealt with in the usual manner; appeal from the interlocutory decision is governed by section 5(1) of the Appellate Jurisdiction Act, not article 83(4) of the Constitution.

Orders

  • Matter sent back to the Full Court for determination of the appeal in the usual manner.