martha siima vs hhando qambaosh 2014 tzca 174 3 november 2014

martha siima vs hhando qambaosh 2014 tzca 174 3 november 2014

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 restoration of the application.

Citation
martha siima vs hhando qambaosh 2014 tzca 174 3 november 2014
Parties
Applicant: Martha Siima; Respondent: Hhan Do Qambaosh
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 November 2014
Procedural Posture
Civil Application / Revision of Summary Rejection Order
Outcome
summary rejection order quashed; application restored
Legal Topics
Certificate on Point of Law, Summary Rejection, Leave to Appeal
Source Language
English
Civil Procedure Appellate Practice Certificate on Point of Law Summary Rejection Leave to Appeal

Case Brief

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Parties

Martha Siima

Applicant

Hhan Do Qambaosh

Respondent

Procedural Posture

Civil Application / Revision of Summary Rejection Order

Legal Issues

  1. 1 Whether summary rejection of application for certificate on point of law was proper
  2. 2 Whether failure to annex decision/order was fatal to application for certificate on point of law

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 restoration of the application.

Court Disposition

summary rejection order quashed; application restored

Orders

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