john balbala vs evaline john 2020 tzhc 3427 20 october 2020

There are points of law regarding denial of right to be heard and improper composition of the trial tribunal that merit certification for appeal to the Court of Appeal.

Citation: john balbala vs evaline john 2020 tzhc 3427 20 october 2020
Parties: Applicant: John Balbala; Respondent: Eveline John
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 20 October 2020
Procedural Posture: Miscellaneous Land Application / Ruling on Application for Certification of Point of Law and Leave to Appeal
Outcome: Application allowed
Legal Topics: Right to Be Heard, Tribunal Composition, Certification of Point of Law, Leave to Appeal
Source Language: English

Land Law Civil Procedure Right to Be Heard Tribunal Composition Certification of Point of Law Leave to Appeal

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Parties

John Balbala

Applicant

Eveline John

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Certification of Point of Law and Leave to Appeal

Legal Issues

1 Whether the Applicant was denied his right of hearing by the trial tribunal
2 Whether the trial tribunal was properly composed according to the law

Ratio Decidendi

There are points of law regarding denial of right to be heard and improper composition of the trial tribunal that merit certification for appeal to the Court of Appeal.

Court Disposition

Application allowed

Orders

Points of law certified for appeal to the Court of Appeal
No order as to costs