20170317 tzhc arusha
The court found that two points raised by the applicant were indeed points of law suitable for determination by the Court of Appeal, specifically regarding the consideration of locus standi and limitation, and thus certified them for appeal.
- Citation
- 20170317 tzhc arusha
- Parties
- Applicant: Benjamini Long'elu; Respondent: Ng'ida Loisule
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 17 March 2017
- Procedural Posture
- Miscellaneous Civil Application / Application for Certification of Points of Law for Appeal
- Outcome
- application allowed in part
- Legal Topics
- Certification of Points of Law, Appeal Procedure, Locus Standi, Limitation of Actions
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Benjamini Long'elu
Applicant
Ng'ida Loisule
Respondent
Procedural Posture
Miscellaneous Civil Application / Application for Certification of Points of Law for Appeal
Legal Issues
- 1 Whether the High Court's decision was proper without considering the locus of the respondent
- 2 Whether the issue of limitation was correctly determined based on unproved allegation that the appellant's parents were mere invitees
Ratio Decidendi
The court found that two points raised by the applicant were indeed points of law suitable for determination by the Court of Appeal, specifically regarding the consideration of locus standi and limitation, and thus certified them for appeal.
Court Disposition
application allowed in part
Orders
- Certification granted for two points of law for appeal to the Court of Appeal of Tanzania.
- Costs to be in the cause.
Full Case Text
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