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
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Parties
Idi Tanu
Appellant
Abilo Nyamsangya
Respondent
Procedural Posture
Civil Appeal / Ruling on Competence of Appeal
Legal Issues
- 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.
Full Case Text
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