danland temu vs thomas temu 2021 tzhc 7563 24 november 2021

danland temu vs thomas temu 2021 tzhc 7563 24 november 2021

The applicant demonstrated prima facie arguable points of law and fact in his affidavit, specifically regarding the incorporation of assessors’ opinions, procedure at locus in quo, and locus standi, which are contentious and warrant consideration by the Court of Appeal. The application for leave is therefore granted.

Citation
danland temu vs thomas temu 2021 tzhc 7563 24 november 2021
Parties
Applicant: Danland Temu; Respondent: Thomas Temu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 November 2021
Procedural Posture
Miscellaneous Land Application / Application for Leave to Appeal to Court of Appeal
Outcome
application granted
Legal Topics
Leave to Appeal, Locus Standi, Opinion of Assessors, Visit to Locus in Quo, Administration of Estates
Source Language
English
Land Law Civil Procedure Leave to Appeal Locus Standi Opinion of Assessors Visit to Locus in Quo Administration of Estates

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Parties

Danland Temu

Applicant

Thomas Temu

Respondent

Procedural Posture

Miscellaneous Land Application / Application for Leave to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the applicant has demonstrated points of law worth consideration by the Court of Appeal
  2. 2 Whether the opinions of assessors were properly incorporated in the tribunal proceedings
  3. 3 Whether the trial tribunal followed proper procedure during the visit to locus in quo

Ratio Decidendi

The applicant demonstrated prima facie arguable points of law and fact in his affidavit, specifically regarding the incorporation of assessors’ opinions, procedure at locus in quo, and locus standi, which are contentious and warrant consideration by the Court of Appeal. The application for leave is therefore granted.

Court Disposition

application granted

Orders

  • Leave to appeal to the Court of Appeal of Tanzania is granted to the applicant.
  • Costs to follow the event.