20020613 TZHC Mbeya2

20020613 TZHC Mbeya2

The appellant failed to establish entitlement to greater costs than those awarded by the appellate District Court, and the attempt to introduce new claims and evidence at the second appellate stage is not permissible in law.

Citation
20020613 TZHC Mbeya2
Parties
Appellant: Hezron Mwampaja; Respondent: Gideon Mwasikili
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 June 2002
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Costs, Appeals, Introduction of New Evidence on Appeal
Source Language
English
Civil Procedure Costs Appeals Introduction of New Evidence on Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Hezron Mwampaja

Appellant

Gideon Mwasikili

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the appellant is entitled to greater costs than those awarded by the appellate District Court
  2. 2 Whether new claims and evidence can be introduced at the second appellate stage

Ratio Decidendi

The appellant failed to establish entitlement to greater costs than those awarded by the appellate District Court, and the attempt to introduce new claims and evidence at the second appellate stage is not permissible in law.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs to the respondent.