anna marando vs mwanahamisi manda 2018 tzhclandd 553 24 august 2018

anna marando vs mwanahamisi manda 2018 tzhclandd 553 24 august 2018

The application was dismissed because the grounds raised were either not points of law or were new grounds not raised or decided upon at the High Court, and thus cannot be certified for appeal.

Citation
anna marando vs mwanahamisi manda 2018 tzhclandd 553 24 august 2018
Parties
Applicant: Anna Marando; Applicant: Mwanahamisi Manda; Respondent: Asia Juma Ally
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
24 August 2018
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Certificate on Point of Law for Appeal
Outcome
Application dismissed with costs
Legal Topics
Certificate on Point of Law, Appeals From Ward Tribunal, Adverse Possession, Grounds of Appeal
Source Language
English
Land Law Civil Procedure Certificate on Point of Law Appeals From Ward Tribunal Adverse Possession Grounds of Appeal

Case Brief

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Parties

Anna Marando

Applicant

Mwanahamisi Manda

Applicant

Asia Juma Ally

Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Certificate on Point of Law for Appeal

Legal Issues

  1. 1 Whether there exists a point of law to certify for appeal to the Court of Appeal under Section 47(2) of the Land Disputes Courts Act, 2002

Ratio Decidendi

The application was dismissed because the grounds raised were either not points of law or were new grounds not raised or decided upon at the High Court, and thus cannot be certified for appeal.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs