idi tanu vs abilo nyamsangya 2021 tzca 652 5 november 2021

idi tanu vs abilo nyamsangya 2021 tzca 652 5 november 2021

The appeal is incompetent for want of a certificate on a point of law, and an adjournment cannot be granted for an appeal that does not exist in law.

Citation
idi tanu vs abilo nyamsangya 2021 tzca 652 5 november 2021
Parties
Appellant: Idi Tanu; Respondent: Abilo Nyamsangya
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 November 2021
Procedural Posture
Civil Appeal / Ruling on Competence of Appeal
Outcome
appeal struck out with costs
Legal Topics
Appeal Competence, Certificate on Point of Law, Land Disputes, Procedural Requirements
Source Language
English

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Parties

Idi Tanu

Appellant

Abilo Nyamsangya

Respondent

Procedural Posture

Civil Appeal / Ruling on Competence of Appeal

  1. 1 Whether the appeal is competent without a certificate on a point of law as required by section 47(3) of the Land Disputes Courts Act

Ratio Decidendi

The appeal is incompetent for want of a certificate on a point of law, and an adjournment cannot be granted for an appeal that does not exist in law.

Court Disposition

appeal struck out with costs

Orders

  • The appeal is struck out for being incompetent.
  • Costs awarded to the respondent.