moses bugarama versus vicent machemu buyungu and another 2023 tzhc 23347 8 december 2023

moses bugarama versus vicent machemu buyungu and another 2023 tzhc 23347 8 december 2023

The applicant demonstrated a point of law regarding the recording and reading of assessors' opinions, which goes to the root of the case and warrants consideration by the Court of Appeal. Leave to appeal is therefore granted.

Citation
moses bugarama versus vicent machemu buyungu and another 2023 tzhc 23347 8 december 2023
Parties
Applicant: Moses Bugarama; 1st Respondent: Vicent Machemu Buyungu; 2nd Respondent: Kuenza Lilungu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 December 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Leave to Appeal to Court of Appeal
Outcome
Leave to appeal granted
Legal Topics
Leave to Appeal, Role of Assessors, Appellate Procedure
Source Language
English
Land Law Civil Procedure Leave to Appeal Role of Assessors Appellate Procedure

Case Brief

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Parties

Moses Bugarama

Applicant

Vicent Machemu Buyungu

1st Respondent

Kuenza Lilungu

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Leave to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the applicant has advanced clear points of law to warrant leave to appeal to the Court of Appeal
  2. 2 Whether the opinion of assessors must be recorded and read over to the parties as part of the proceedings

Ratio Decidendi

The applicant demonstrated a point of law regarding the recording and reading of assessors' opinions, which goes to the root of the case and warrants consideration by the Court of Appeal. Leave to appeal is therefore granted.

Court Disposition

Leave to appeal granted

Orders

  • The applicant is granted leave to appeal to the Court of Appeal.
  • The applicant shall file his appeal within the time prescribed by law.