20161206 TZHC Dodoma

20161206 TZHC Dodoma

No point of law was involved for consideration by the Court of Appeal as the issues raised were either matters of fact fully considered and determined by the High Court or were not raised in the lower tribunals and thus cannot be entertained at the appellate stage.

Citation
20161206 TZHC Dodoma
Parties
Applicant: Lucia Beatus; Applicant: M.; Respondent: Respondent
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 December 2016
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Certificate of Point of Law to Court of Appeal
Outcome
Application dismissed with costs for lacking merit.
Legal Topics
Appeals, Certificate of Point of Law, Jurisdiction, Procedural Irregularities
Source Language
English

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Parties

Lucia Beatus

Applicant

M.

Applicant

Respondent

Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Certificate of Point of Law to Court of Appeal

  1. 1 Whether failure to inform applicants of judgment date was a new ground not raised in lower tribunals
  2. 2 Whether High Court should have exercised supervisory powers to quash Tribunal decisions for procedural irregularities

Ratio Decidendi

No point of law was involved for consideration by the Court of Appeal as the issues raised were either matters of fact fully considered and determined by the High Court or were not raised in the lower tribunals and thus cannot be entertained at the appellate stage.

Court Disposition

Application dismissed with costs for lacking merit.

Orders

  • Application dismissed with costs.