elizabeth loisujaki vs agnes loisujaki and another 2020 tzhc 4576 14 december 2020

elizabeth loisujaki vs agnes loisujaki and another 2020 tzhc 4576 14 december 2020

The court found that there are matters worth the determination of the Court of Appeal, including the possibility of two contradictory judgments from the same court concerning the same subject matter, and thus granted leave to appeal.

Citation
elizabeth loisujaki vs agnes loisujaki and another 2020 tzhc 4576 14 december 2020
Parties
Applicant: Elizabeth Loisujaki; 1st Respondent: Agness Loisujaki; 2nd Respondent: Justine John Leiyan
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 December 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Leave to Appeal to the Court of Appeal
Outcome
Application for leave to appeal granted
Legal Topics
Leave to Appeal, Contradictory Judgments, Natural Justice, Right to Be Heard
Source Language
English
Land Law Civil Procedure Leave to Appeal Contradictory Judgments Natural Justice Right to Be Heard

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Parties

Elizabeth Loisujaki

Applicant

Agness Loisujaki

1st Respondent

Justine John Leiyan

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Leave to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether there are arguable grounds for granting leave to appeal to the Court of Appeal
  2. 2 Whether the judgment contains illegality or irregularity warranting appellate intervention

Ratio Decidendi

The court found that there are matters worth the determination of the Court of Appeal, including the possibility of two contradictory judgments from the same court concerning the same subject matter, and thus granted leave to appeal.

Court Disposition

Application for leave to appeal granted

Orders

  • Leave to appeal to the Court of Appeal granted to the applicant
  • Costs to abide the outcome of the intended appeal