20141031 TZCA Arusha

20141031 TZCA Arusha

The High Court's summary rejection order was irregular and inappropriate for an application seeking a certificate on a point of law under section 5(2)(c) of the Act, warranting intervention and quashing of the order.

Citation
20141031 TZCA Arusha
Parties
Applicant: Martha Siima; Respondent: Hhan Do Qam Baosh
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
31 October 2014
Procedural Posture
Civil Application / Application for Revision of High Court Summary Rejection Order
Outcome
application allowed
Legal Topics
Summary Rejection, Certificate on Point of Law, Revisionary Jurisdiction
Source Language
English
Civil Procedure Appellate Practice Summary Rejection Certificate on Point of Law Revisionary Jurisdiction

Case Brief

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Parties

Martha Siima

Applicant

Hhan Do Qam Baosh

Respondent

Procedural Posture

Civil Application / Application for Revision of High Court Summary Rejection Order

Legal Issues

  1. 1 Whether the High Court erred in summarily rejecting the application for a certificate on a point of law without citing the legal provision and for failure to annex the decision/order

Ratio Decidendi

The High Court's summary rejection order was irregular and inappropriate for an application seeking a certificate on a point of law under section 5(2)(c) of the Act, warranting intervention and quashing of the order.

Court Disposition

application allowed

Orders

  • The summary rejection order of the High Court dated 8/11/2013 is quashed.
  • The applicant's application lodged on 25/10/2013 is restored.