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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether failure to inform applicants of judgment date was a new ground not raised in lower tribunals
- 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.
Full Case Text
Judgment text and source record
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