ernest saronga massawe vs salvatory wambura another 2018 tzhclandd 426 20 july 2018

Applicant failed to establish any contentious issue of law fit for further consideration by the Court of Appeal; leave to appeal is discretionary and not automatic; application lacks merit.

Citation: ernest saronga massawe vs salvatory wambura another 2018 tzhclandd 426 20 july 2018
Parties: Applicant: Erenest Saronga Massawe; 1st Respondent: Salvatory Wambura; 2nd Respondent: Ally Said
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 20 July 2018
Procedural Posture: Miscellaneous Land Case Application / Application for Leave to Appeal
Outcome: Application dismissed
Legal Topics: Leave to Appeal, Ownership Dispute, Procedural Compliance
Source Language: English

Land Law Civil Procedure Leave to Appeal Ownership Dispute Procedural Compliance

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Parties

Erenest Saronga Massawe

Applicant

Salvatory Wambura

1st Respondent

Ally Said

2nd Respondent

Procedural Posture

Miscellaneous Land Case Application / Application for Leave to Appeal

Legal Issues

1 Whether leave to appeal to the Court of Appeal should be granted
2 Whether the lower tribunal erred in assessing evidence and ownership
3 Whether the lower tribunal failed to comply with Regulation No. 21(1) of the Land Disputes Courts (District Land and Housing Tribunal) Regulations, 2003

Ratio Decidendi

Applicant failed to establish any contentious issue of law fit for further consideration by the Court of Appeal; leave to appeal is discretionary and not automatic; application lacks merit.

Court Disposition

Application dismissed

Orders

Application for leave to appeal dismissed
1st Respondent awarded costs