john martin ndunguru vs joha abbas tambulu 2020 tzhc 1900 9 july 2020

Listing grounds of appeal in an affidavit supporting an application for leave to appeal is not prohibited by law, and the applicant has raised arguable points of law and fact worthy of consideration by the Court of Appeal. The application for leave is meritorious and granted.

Citation: john martin ndunguru vs joha abbas tambulu 2020 tzhc 1900 9 july 2020
Parties: Applicant: John Martin Ndunguru; 1st Respondent: Mustafa Athuman Nyoni; 2nd Respondent: Joha Abbas Tambulu
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 9 July 2020
Procedural Posture: Miscellaneous Land Application / Ruling on Application for Leave to Appeal to the Court of Appeal
Outcome: Application granted
Legal Topics: Leave to Appeal, Affidavit Requirements, Matrimonial Property, Ownership of Registered Land
Source Language: English

Land Law Civil Procedure Leave to Appeal Affidavit Requirements Matrimonial Property Ownership of Registered Land

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 1

Parties

John Martin Ndunguru

Applicant

Mustafa Athuman Nyoni

1st Respondent

Joha Abbas Tambulu

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Leave to Appeal to the Court of Appeal

Legal Issues

1 Whether the applicant's affidavit is fatally defective for containing points of law
2 Whether the applicant should be granted leave to appeal to the Court of Appeal on the grounds raised

Ratio Decidendi

Court Disposition

Application granted

Orders

Leave to appeal to the Court of Appeal of Tanzania is granted to the applicant on the grounds listed in the affidavit.
No order as to costs.