marry masaga others vs tanzania air ports authority another 2016 tzhc 2094 20 october 2016
Leave to appeal is granted as there are triable issues fit for determination by the Court of Appeal and the application is not frivolous, vexatious, or useless.
Source-derived case information.
- Citation
- marry masaga others vs tanzania air ports authority another 2016 tzhc 2094 20 october 2016
- Parties
- Applicant: Mary Masaga; Applicant: Godfrey Stephan Mwitea; Applicant: Cosmas Kutitu & 195 Others; Respondent: Tanzania Airports Authority; Respondent: Attorney General
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 20 October 2016
- Procedural Posture
- Miscellaneous Land Case Application / Application for Leave to Appeal to the Court of Appeal
- Outcome
- Leave to appeal granted
- Legal Topics
- Leave to Appeal, Compensation, Interest on Delayed Payment, General Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Masaga
Applicant
Godfrey Stephan Mwitea
Applicant
Cosmas Kutitu & 195 Others
Applicant
Tanzania Airports Authority
Respondent
Attorney General
Respondent
Procedural Posture
Miscellaneous Land Case Application / Application for Leave to Appeal to the Court of Appeal
Legal Issues
- 1 Whether it is a legal requirement that amount of compensation need to be sent to the Chief Government Valuer
- 2 Whether failure to appeal against the assessment made by the Chief Government Valuer denied the applicants’ rights to sue
- 3 Whether the act of receiving payment waived the applicants’ right to sue
Ratio Decidendi
Leave to appeal is granted as there are triable issues fit for determination by the Court of Appeal and the application is not frivolous, vexatious, or useless.
Court Disposition
Leave to appeal granted
Orders
- Each party to bear its own costs
Full Case Text
Judgment text and source record
1 paragraphs
AT DODOMA MISCELLANEOUS LAND CASE APPLICATION NO. 56 OF 2016 1. M ARYM ASAGA 2. GODFREY STEPHAN MWITEA 3. COSMAS KUTITU & 195 OTHERS APPLICANTS VERSUS 4. 1. TANZANIA AIR PORTS AUTHORITY 5. ATTORNEY GENERAL RESPONDENTS 22/9/2016 & 20/10/2016 RULING SEHEL, J. At the hearing of the application for leave to appeal to the court of Appeal of Tanzania against the decision of this court in Land Case No. 42 of 209, Ms. Shio learned Principal State Attorney for respondents had no objection for the application as she said it is the requirement of the law that applicants ought to seek for leave to appeal. She however prayed for each party to bear its own costs as they readily conceded to the application. Ms. Masai, learned advocate for applicants pressed upon their costs as she argued that her clients incurred costs for filing the application and engaging the advocate. In the present application there is no objection for leave to be granted and under paragraph 5 of the affidavit the applicants show that there are issues fit to be determined by the Court of Appeal of Tanzania. The issues are:- -+ 1). whether it is a legal requirement that amount of compensation need to be sent to the chief Government valuer; 2). whether failure to appeal against the assessment made by the Chief Government valuer, denied the applicants’ rights to sue; 3). whether the act of receiving payment waived the applicants’ right to sue; 4). whether applicant are entitled to 6% interest for delayed payment. 5). whether applicant’s are entitled to general damages. The above issues are vivid that there are triable issues and that the appeal is not frivolous, vexatious or useless. Leave is therefore granted to the applicants. Since it is a legal requirement for applicants, to obtain leave and since the respondents easiiy conceded to the applicant's application then each party shall bear its own costs. It is so ordered. B.M.A. Sehel //<- -■ ^ O. a JUDGE i * \ ■. & \ < •! : J t' • i 'i • . 20th October, 2016