20161129 TZHC Dar es Salaam
The application for leave to appeal is granted due to the existence of points of law requiring determination by the Court of Appeal.
Source-derived case information.
- Citation
- 20161129 TZHC Dar es Salaam
- Parties
- Applicant: Cooperative Audit and Supervision Cooperation (COASCO); Respondent: Elly Elias Maro
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 29 November 2016
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Leave to Appeal
- Outcome
- Leave to appeal granted
- Legal Topics
- Leave to Appeal, Validity of Voluntary Agreement, Refund of Imprest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cooperative Audit and Supervision Cooperation (COASCO)
Applicant
Elly Elias Maro
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Leave to Appeal
Legal Issues
- 1 Whether the High Court ignored certain grounds of appeal regarding validity of Voluntary Agreement
- 2 Whether the High Court determined applicant's ability to pay before determining validity of Voluntary Agreement
- 3 Whether conflicting decisions require intervention of Court of Appeal
Ratio Decidendi
The application for leave to appeal is granted due to the existence of points of law requiring determination by the Court of Appeal.
Court Disposition
Leave to appeal granted
Orders
- Leave to appeal to the Court of Appeal of Tanzania is granted
- Each party to bear own costs
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY) AT DAR ES SALAAM MISC. CIVIL APPLICATION NO. 584 OF 2016 (Original civil Appeal No. 19 of 2010) COOPERATIVE AUDIT AND SUPERVISION COOPERATION ( COASCO) •.............................. APPLICANT VERSUS ELLY ELIAS MARO ........................................ RESPONDENT RULING MURUKE, J. According to affidavit in support of application, there are point of law that need to be discuss by the Court of Appeal. These are:- 1. That the High court ignored to consider grounds ( d), (e), & (f) of appeal and consolidated in ground 2 (a) at page 5 of the Judgment as regards validity of the Voluntary Agreement; 11. The High court determined the issue of the Applicant's ability to pay under the Voluntary Agreement before determining the issue on its validity; iii. That the High court had already determined that this Voluntary Agreement in invalid; 1 1v. That the two conflicting decisions need the intervention of the court of Appeal to put the records clear; v. The award of refund of imprest is not supported by any law. Having gone through the affidavit in support sworn by Mr. Rosan Mbwambo, and having heard Mr. Theodori Primus for the .• respondent, there is a need to grant the application. Accordingly leave to appeal to the court of Appeal of Tanzania is granted. Bearing the nature and circumstance of this application, each party to bear own costs. ~ Z. G. Muruke JUDGE 29/11/2016 Ruling delivered in the presence of Rosan Mbwambo for the applicant and Theodori Primus for the respondent. JUDGE 29/11/2016 2