lameck orenda olwal vs simba so oressi 2021 tzhc 3382 31 may 2021

lameck orenda olwal vs simba so oressi 2021 tzhc 3382 31 may 2021

The applicant failed to establish a point of law for determination by the Court of Appeal; the alleged reliance on unsworn evidence was not by the High Court but by the ward tribunal, and oral evidence is valid under the law. Certification is only for legal points or matters of public importance, which were not demonstrated.

Citation
lameck orenda olwal vs simba so oressi 2021 tzhc 3382 31 may 2021
Parties
Applicant: Lameck Orenda Olwal; Respondent: Simba S/O Oressi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 May 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Certificate on Point of Law
Outcome
Application dismissed with costs.
Legal Topics
Certificate on Point of Law, Appeals From Ward Tribunal, Evidence at Locus in Quo
Source Language
English
Land Law Civil Procedure Certificate on Point of Law Appeals From Ward Tribunal Evidence at Locus in Quo

Case Brief

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Parties

Lameck Orenda Olwal

Applicant

Simba S/O Oressi

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Certificate on Point of Law

Legal Issues

  1. 1 Whether there is a point of law involved in the intended appeal to the Court of Appeal

Ratio Decidendi

The applicant failed to establish a point of law for determination by the Court of Appeal; the alleged reliance on unsworn evidence was not by the High Court but by the ward tribunal, and oral evidence is valid under the law. Certification is only for legal points or matters of public importance, which were not demonstrated.

Court Disposition

Application dismissed with costs.

Orders

  • Application dismissed with costs.