ezron mnyonge vs dotto benezeti administrator of the estate of the late heben bafuta 3 others 2022 tzhclandd 12727 20 december 2022

ezron mnyonge vs dotto benezeti administrator of the estate of the late heben bafuta 3 others 2022 tzhclandd 12727 20 december 2022

The applicant demonstrated arguable points of law regarding the involvement and opinions of assessors during the trial, which constitute sufficient grounds for leave to appeal to the Court of Appeal.

Source-derived case information.

Citation
ezron mnyonge vs dotto benezeti administrator of the estate of the late heben bafuta 3 others 2022 tzhclandd 12727 20 december 2022
Parties
Applicant: Ezron Mnyonge; 1st Respondent: Dotto Benezeti (as Administrator of the estate of the late Heben Bafuta); 2nd Respondent: Gatison Julius Aman; 3rd Respondent: Rabson Ndyabanigwa; 4th Respondent: Ezari Zakaria Nkoko
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
20 December 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Leave to Appeal
Outcome
Leave granted to the applicant to file an appeal before the Court of Appeal.
Legal Topics
Leave to Appeal, Role of Assessors, Compliance With Tribunal Regulations
Source Language
english
Land Law Civil Procedure Leave to Appeal Role of Assessors Compliance With Tribunal Regulations

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Parties

Ezron Mnyonge

Applicant

Dotto Benezeti (as Administrator of the estate of the late Heben Bafuta)

1st Respondent

Gatison Julius Aman

2nd Respondent

Rabson Ndyabanigwa

3rd Respondent

Ezari Zakaria Nkoko

4th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient grounds for leave to appeal to the Court of Appeal
  2. 2 Whether irregularities regarding assessors' involvement and opinions constitute arguable points of law

Ratio Decidendi

The applicant demonstrated arguable points of law regarding the involvement and opinions of assessors during the trial, which constitute sufficient grounds for leave to appeal to the Court of Appeal.

Court Disposition

Leave granted to the applicant to file an appeal before the Court of Appeal.

Orders

  • Leave granted to appeal to the Court of Appeal.
  • Costs to be in the cause.