benedicta sabasi vs glory mushi 2023 tzca 17555 28 august 2023

benedicta sabasi vs glory mushi 2023 tzca 17555 28 august 2023

The applicant demonstrated that the intended grounds of appeal raise contentious and arguable issues, specifically regarding the principles of bonafide purchaser and privity of contract, which merit determination by the Court of Appeal.

Citation
benedicta sabasi vs glory mushi 2023 tzca 17555 28 august 2023
Parties
Applicant: Benedicta Sabasi; Respondent: Glory Mushi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 August 2023
Procedural Posture
Civil Application for Leave to Appeal / Ruling on Application for Leave to Appeal to the Court of Appeal After Refusal by the High Court
Outcome
Application granted
Legal Topics
Leave to Appeal, Bonafide Purchaser, Doctrine of Privity of Contract
Source Language
English
Civil Procedure Land Law Leave to Appeal Bonafide Purchaser Doctrine of Privity of Contract

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Parties

Benedicta Sabasi

Applicant

Glory Mushi

Respondent

Procedural Posture

Civil Application for Leave to Appeal / Ruling on Application for Leave to Appeal to the Court of Appeal After Refusal by the High Court

Legal Issues

  1. 1 Whether the intended grounds of appeal raise arguable issues meriting determination by the Court of Appeal
  2. 2 Whether the High Court erred by not considering the issues of bonafide purchaser and sanctity of contract

Ratio Decidendi

The applicant demonstrated that the intended grounds of appeal raise contentious and arguable issues, specifically regarding the principles of bonafide purchaser and privity of contract, which merit determination by the Court of Appeal.

Court Disposition

Application granted

Orders

  • Applicant granted leave to appeal to the Court of Appeal
  • Costs to abide by the outcome of the intended appeal