mossi chuba vs lucas chama 2020 tzhc 1149 29 may 2020

mossi chuba vs lucas chama 2020 tzhc 1149 29 may 2020

The court certified two points of law for appeal: whether the Ward Tribunal must give reasons for its decision and whether exhibits not tendered during trial can be used in its decision. The court found no merit in the applicant's argument regarding appealability of the retrial order as it was not raised or determined in the lower court.

Citation
mossi chuba vs lucas chama 2020 tzhc 1149 29 may 2020
Parties
Applicant: Mossi Chuba; Respondent: Lucas Chama
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 May 2020
Procedural Posture
Miscellaneous Land Application / Application for Certificate of Point of Law for Appeal
Outcome
application granted
Legal Topics
Appealability of Orders, Judgment Reasoning, Admissibility of Exhibits
Source Language
English
Land Law Civil Procedure Appealability of Orders Judgment Reasoning Admissibility of Exhibits

Case Brief

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Parties

Mossi Chuba

Applicant

Lucas Chama

Respondent

Procedural Posture

Miscellaneous Land Application / Application for Certificate of Point of Law for Appeal

Legal Issues

  1. 1 Whether the Ward Tribunal is duty bound to give reason for its decision and if the reasons were given by the trial Tribunal
  2. 2 Whether exhibits not produced or tendered during trial before the Ward Tribunal can be used in the decision

Ratio Decidendi

The court certified two points of law for appeal: whether the Ward Tribunal must give reasons for its decision and whether exhibits not tendered during trial can be used in its decision. The court found no merit in the applicant's argument regarding appealability of the retrial order as it was not raised or determined in the lower court.

Court Disposition

application granted

Orders

  • certificate of point of law issued for appeal
  • costs to be determined in due course