20141203 TZHC Mwanza

20141203 TZHC Mwanza

The application for certification of points of law was dismissed because the record did not show that the trial tribunal refused to accept the title deed, there was no basis for admitting additional evidence or ordering a retrial, and no evidence was presented to establish lack of pecuniary jurisdiction.

Source-derived case information.

Citation
20141203 TZHC Mwanza
Parties
Applicant: Marwa Johanes Rubango; Respondent: Wambura Mgassa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 December 2014
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Certification of Points of Law for Appeal
Outcome
Application dismissed with costs
Legal Topics
Certification of Points of Law, Pecuniary Jurisdiction, Admissibility of Evidence, Appeals Process
Source Language
english
Civil Procedure Land Law Certification of Points of Law Pecuniary Jurisdiction Admissibility of Evidence Appeals Process

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Parties

Marwa Johanes Rubango

Applicant

Wambura Mgassa

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the trial judge erred in not determining the complaint regarding refusal to accept the title deed
  2. 2 Whether omission to order retrial or admit additional evidence was proper
  3. 3 Whether the trial tribunal had pecuniary jurisdiction

Ratio Decidendi

The application for certification of points of law was dismissed because the record did not show that the trial tribunal refused to accept the title deed, there was no basis for admitting additional evidence or ordering a retrial, and no evidence was presented to establish lack of pecuniary jurisdiction.

Court Disposition

Application dismissed with costs