mrs chiku mapunda vs ismwanawima another 2022 tzhclandd 78 28 february 2022

mrs chiku mapunda vs ismwanawima another 2022 tzhclandd 78 28 february 2022

The applicant raised arguable issues, including alleged illegalities in the High Court decision, which are serious enough to merit consideration by the Court of Appeal. The court exercised its discretion and granted leave to appeal.

Citation
mrs chiku mapunda vs ismwanawima another 2022 tzhclandd 78 28 february 2022
Parties
Applicant: Mrs. Chiku Mapunda; 1st Respondent: I.S. Mwanawima; 2nd Respondent: John A. Chale
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
28 February 2022
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Leave to Appeal to the Court of Appeal
Outcome
Application granted
Legal Topics
Leave to Appeal, Illegality as Ground for Appeal, Matrimonial Property, Jurisdiction
Source Language
English
Land Law Civil Procedure Leave to Appeal Illegality as Ground for Appeal Matrimonial Property Jurisdiction

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Parties

Mrs. Chiku Mapunda

Applicant

I.S. Mwanawima

1st Respondent

John A. Chale

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has demonstrated arguable grounds meriting leave to appeal to the Court of Appeal
  2. 2 Whether alleged illegalities in the High Court decision justify grant of leave

Ratio Decidendi

The applicant raised arguable issues, including alleged illegalities in the High Court decision, which are serious enough to merit consideration by the Court of Appeal. The court exercised its discretion and granted leave to appeal.

Court Disposition

Application granted

Orders

  • Leave to appeal to the Court of Appeal is granted to the applicant
  • No order as to costs