MILLENIUM ALLY B ALLY JUDGMENT

MILLENIUM ALLY B ALLY JUDGMENT

The High Court dismissed the appeal on the ground that all three grounds of appeal were new and had not been raised or determined by the first appellate court, and thus could not be entertained at this stage.

Source-derived case information.

Citation
MILLENIUM ALLY B ALLY JUDGMENT
Parties
Appellant: Millenium Microfinance (Ally B. Ally); Respondent: Beatrice Kuhanwa
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2017
Procedural Posture
Civil Appeal / Second Appeal (high Court)
Outcome
appeal dismissed with costs
Legal Topics
Appeals, Loan Agreements, Execution of Decrees, Objection Proceedings, Auction Procedure
Source Language
english
Civil Procedure Contract Law Appeals Loan Agreements Execution of Decrees Objection Proceedings Auction Procedure

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Summary, issues, holding and outcome

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Parties

Millenium Microfinance (Ally B. Ally)

Appellant

Beatrice Kuhanwa

Respondent

Procedural Posture

Civil Appeal / Second Appeal (high Court)

Legal Issues

  1. 1 Whether the grounds of appeal raised by the appellant could be entertained by the High Court when not raised before the first appellate court
  2. 2 Whether the primary court and district court erred in treating the original suit as an application for attachment or execution
  3. 3 Whether the decree was improperly issued to an unnamed auctioneer

Ratio Decidendi

The High Court dismissed the appeal on the ground that all three grounds of appeal were new and had not been raised or determined by the first appellate court, and thus could not be entertained at this stage.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs