linda cosmas vs george shida others 2023 tzca 17439 21 july 2023

linda cosmas vs george shida others 2023 tzca 17439 21 july 2023

The High Court erred by resolving the merits of the issues raised in the application for leave to appeal instead of determining whether they were arguable; factual issues of general importance may justify leave. The applicant's grounds raised serious issues warranting appellate consideration.

Citation
linda cosmas vs george shida others 2023 tzca 17439 21 july 2023
Parties
Applicant: Linda Cosmas; 1st Respondent: George Shida; 2nd Respondent: Sukah Security Co.(T) Ltd; 3rd Respondent: Swalehe Lyasuka, alias Lyasukah Swalehe
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 July 2023
Procedural Posture
Civil Application / Ruling on Application for Leave to Appeal
Outcome
Application granted
Legal Topics
Leave to Appeal, Revision, Affidavit Validity, Jurisdiction, Preliminary Objection
Source Language
English
Civil Procedure Leave to Appeal Revision Affidavit Validity Jurisdiction Preliminary Objection

Case Brief

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Parties

Linda Cosmas

Applicant

George Shida

1st Respondent

Sukah Security Co.(T) Ltd

2nd Respondent

Swalehe Lyasuka, alias Lyasukah Swalehe

3rd Respondent

Procedural Posture

Civil Application / Ruling on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to leave to appeal against the High Court's dismissal of revision application
  2. 2 Whether the High Court erred in determining factual issues as opposed to legal issues in the application for leave
  3. 3 Whether the affidavit in reply by the 1st respondent was incurably defective

Ratio Decidendi

The High Court erred by resolving the merits of the issues raised in the application for leave to appeal instead of determining whether they were arguable; factual issues of general importance may justify leave. The applicant's grounds raised serious issues warranting appellate consideration.

Court Disposition

Application granted

Orders

  • Leave to appeal to the Court of Appeal against the High Court decision in HC: Civil Application No. 16 of 2018 is granted
  • Costs awarded to the applicant