juma hamisi kizito vs crdb bank plc urambo another 2023 tzhc 17382 16 mei 2023
The appeal was dismissed because the appellant failed to argue the grounds of appeal as pleaded and instead raised new issues not featured in the trial tribunal, contrary to the settled legal principle that parties are bound by their pleadings.
Source-derived case information.
- Citation
- juma hamisi kizito vs crdb bank plc urambo another 2023 tzhc 17382 16 mei 2023
- Parties
- Appellant: Juma Hamisi Kizito; 1st Respondent: CRDB Bank PLC Urambo Branch; 2nd Respondent: Independent Agencies and Court Brokers Ltd
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2023
- Procedural Posture
- Land Appeal / Judgment on Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Public Auction, Loan Recovery, Pleadings, Appellate Procedure
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Juma Hamisi Kizito
Appellant
CRDB Bank PLC Urambo Branch
1st Respondent
Independent Agencies and Court Brokers Ltd
2nd Respondent
Procedural Posture
Land Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the auction of the appellant's house was lawfully conducted
- 2 Whether the sale should have been in accordance with the valuation report agreed by the parties
- 3 Whether new issues not pleaded or determined at trial can be raised on appeal
Ratio Decidendi
The appeal was dismissed because the appellant failed to argue the grounds of appeal as pleaded and instead raised new issues not featured in the trial tribunal, contrary to the settled legal principle that parties are bound by their pleadings.
Court Disposition
Appeal dismissed
Orders
- No order as to costs
Full Case Text
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