marcus kindole vs buton mdinde 2021 tzca 549 1 october 2021

The application was dismissed because the applicant failed to establish any point of law worth consideration by the Court; the complaint was based on a matter of fact, not law.

Citation: marcus kindole vs buton mdinde 2021 tzca 549 1 october 2021
Parties: Applicant: Markus Kindole; Respondent: Burton Mdinde
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 1 October 2021
Procedural Posture: Civil Application / Application for Leave to Appeal to the Court of Appeal
Outcome: Application dismissed with costs
Legal Topics: Leave to Appeal, Execution of Judgment, Jurisdiction, Points of Law
Source Language: English

Civil Procedure Land Law Leave to Appeal Execution of Judgment Jurisdiction Points of Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2

Parties

Markus Kindole

Applicant

Burton Mdinde

Respondent

Procedural Posture

Civil Application / Application for Leave to Appeal to the Court of Appeal

Legal Issues

1 Whether the application discloses a point of law worth consideration by the Court of Appeal
2 Whether the applicant's house ordered to be demolished was part of the disputed land

Ratio Decidendi

The application was dismissed because the applicant failed to establish any point of law worth consideration by the Court; the complaint was based on a matter of fact, not law.

Court Disposition

Application dismissed with costs

Orders

Application for leave to appeal dismissed
Costs awarded to the respondent