felister magayane vs mabula genge 2021 tzca 305 15 july 2021

felister magayane vs mabula genge 2021 tzca 305 15 july 2021

The application was incompetent due to failure to annex a copy of the notice of appeal and the impugned decision, which are prerequisites under the Court of Appeal Rules. The High Court correctly struck out the application, and the revision was brought prematurely.

Citation
felister magayane vs mabula genge 2021 tzca 305 15 july 2021
Parties
Applicant: Felister Magayane; Respondent: Mabula Genge
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 July 2021
Procedural Posture
Civil Revision / Ruling on Application for Revision
Outcome
application dismissed with costs
Legal Topics
Appeals, Certificate on Point of Law, Procedural Compliance
Source Language
English
Civil Procedure Land Law Appeals Certificate on Point of Law Procedural Compliance

Case Brief

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Parties

Felister Magayane

Applicant

Mabula Genge

Respondent

Procedural Posture

Civil Revision / Ruling on Application for Revision

Legal Issues

  1. 1 Whether the High Court erred in striking out the application for certificate on point of law due to procedural omissions
  2. 2 Whether the application for revision was properly before the Court of Appeal

Ratio Decidendi

The application was incompetent due to failure to annex a copy of the notice of appeal and the impugned decision, which are prerequisites under the Court of Appeal Rules. The High Court correctly struck out the application, and the revision was brought prematurely.

Court Disposition

application dismissed with costs

Orders

  • application dismissed
  • costs awarded to respondent