evarista kisaka vs vicent godfrey another 2018 tzhc 2734 10 july 2018

The applicant demonstrated sufficient grounds for leave to appeal, and the application was unopposed by the respondents, justifying the grant of leave.

Citation: evarista kisaka vs vicent godfrey another 2018 tzhc 2734 10 july 2018
Parties: Applicant: Evarista Kisaka; 1st Respondent: Vicent Godfrey; 2nd Respondent: Deodatus Deudatus Mremi
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 10 July 2018
Procedural Posture: Civil Application / Application for Leave to Appeal to the Court of Appeal
Outcome: Application allowed; leave to appeal granted.
Legal Topics: Leave to Appeal, Appellate Jurisdiction, Miscarriage of Justice, Negligence
Source Language: English

Civil Procedure Leave to Appeal Appellate Jurisdiction Miscarriage of Justice Negligence

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Parties

Evarista Kisaka

Applicant

Vicent Godfrey

1st Respondent

Deodatus Deudatus Mremi

2nd Respondent

Procedural Posture

Civil Application / Application for Leave to Appeal to the Court of Appeal

Legal Issues

1 Whether the applicant has shown sufficient grounds for leave to appeal to the Court of Appeal
2 Whether the decision of the lower court was based on overlooked or irrelevant evidence
3 Whether the applicant suffered damage due to respondents' negligence

Ratio Decidendi

The applicant demonstrated sufficient grounds for leave to appeal, and the application was unopposed by the respondents, justifying the grant of leave.

Court Disposition

Application allowed; leave to appeal granted.

Orders

Leave to appeal to the Court of Appeal of Tanzania is granted to the applicant.
Applicant must comply with the statutory limitation period.