michael ladislaus vs hussein ramadhani 2021 tzhc 7529 1 november 2021

michael ladislaus vs hussein ramadhani 2021 tzhc 7529 1 november 2021

The application was filed within the statutory time limit when the first day is excluded. However, the issues raised by the applicant are either questions of fact or settled points of law and do not merit certification for appeal to the Court of Appeal.

Citation
michael ladislaus vs hussein ramadhani 2021 tzhc 7529 1 november 2021
Parties
Applicant: Michael Ladislaus; Respondent: Hussein Ramadhani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 November 2021
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Certification of Point of Law and Preliminary Objection
Outcome
application dismissed with costs
Legal Topics
Certification of Point of Law, Time Limitation, Appeals From Primary Court Decisions
Source Language
English
Criminal Law Appellate Procedure Certification of Point of Law Time Limitation Appeals From Primary Court Decisions

Case Brief

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Parties

Michael Ladislaus

Applicant

Hussein Ramadhani

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Certification of Point of Law and Preliminary Objection

Legal Issues

  1. 1 Whether the application for certification of a point of law was filed within the prescribed time limit
  2. 2 Whether the issues raised by the applicant constitute points of law worth certification for appeal to the Court of Appeal

Ratio Decidendi

The application was filed within the statutory time limit when the first day is excluded. However, the issues raised by the applicant are either questions of fact or settled points of law and do not merit certification for appeal to the Court of Appeal.

Court Disposition

application dismissed with costs

Orders

  • preliminary objection overruled
  • application for certification of point of law dismissed with costs