hadija ally vs george masunga msingi 2023 tzca 17270 22 may 2023

hadija ally vs george masunga msingi 2023 tzca 17270 22 may 2023

The Court of Appeal lacks jurisdiction to entertain a ground of appeal not properly raised and determined before the High Court. The appellant's right of redemption was not a ground of appeal before the High Court and cannot be raised for the first time in the Court of Appeal.

Citation
hadija ally vs george masunga msingi 2023 tzca 17270 22 may 2023
Parties
Appellant: Hadija Ally; Respondent: George Masunga Msingi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 May 2023
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal struck out
Legal Topics
Right of Redemption, Jurisdiction of Appellate Courts, Administration of Estates, Appeal Procedure
Source Language
English
Land Law Civil Procedure Right of Redemption Jurisdiction of Appellate Courts Administration of Estates Appeal Procedure

Case Brief

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Parties

Hadija Ally

Appellant

George Masunga Msingi

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to entertain a ground of appeal not raised before the High Court
  2. 2 Whether the appellant was entitled to redeem the property sold by the administratrix without consulting beneficiaries

Ratio Decidendi

The Court of Appeal lacks jurisdiction to entertain a ground of appeal not properly raised and determined before the High Court. The appellant's right of redemption was not a ground of appeal before the High Court and cannot be raised for the first time in the Court of Appeal.

Court Disposition

appeal struck out

Orders

  • The appeal is struck out with costs.