lucia kato vs doris evodius 2021 tzhc 9334 10 december 2021

lucia kato vs doris evodius 2021 tzhc 9334 10 december 2021

The application was dismissed because the points raised were either not litigated in the lower courts or lacked merit as points of law for certification; new issues cannot be certified for appeal if not previously raised and determined.

Citation
lucia kato vs doris evodius 2021 tzhc 9334 10 december 2021
Parties
Applicant: Lucia Kato; Respondent: Doris Evodius
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 December 2021
Procedural Posture
Civil Application / Ruling on Application for Certification of Points of Law for Appeal
Outcome
Application dismissed
Legal Topics
Certification of Point of Law, Attachment of Property, Matrimonial Property, Jurisdiction
Source Language
English
Civil Procedure Appellate Practice Certification of Point of Law Attachment of Property Matrimonial Property Jurisdiction

Case Brief

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Parties

Lucia Kato

Applicant

Doris Evodius

Respondent

Procedural Posture

Civil Application / Ruling on Application for Certification of Points of Law for Appeal

Legal Issues

  1. 1 Whether attachment of matrimonial home without applicant's consent is a point of law for appeal
  2. 2 Whether attachment of residential property objected by spouse is a point of law for appeal
  3. 3 Whether geographical jurisdiction of the trial court is a point of law for appeal

Ratio Decidendi

The application was dismissed because the points raised were either not litigated in the lower courts or lacked merit as points of law for certification; new issues cannot be certified for appeal if not previously raised and determined.

Court Disposition

Application dismissed

Orders

  • Each party to bear its own costs