MS HUDUMA

MS HUDUMA

The application meets the legal threshold for certification as the points raised involve questions of law regarding the construction and application of sections 3(2)(b), 110, and 111 of the Evidence Act in civil proceedings, which warrant determination by the Court of Appeal.

Source-derived case information.

Citation
MS HUDUMA
Parties
Applicant: M/S Mass Huduma Limited; Respondent: Abel Simon
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
19 April 2024
Procedural Posture
Miscellaneous Civil Application / Application for Certification of Points of Law for Appeal to Court of Appeal
Outcome
Application granted
Legal Topics
Standard of Proof in Civil Cases, Burden of Proof, Certification of Point of Law, Appeals From Primary Court Decisions
Source Language
english
Civil Procedure Evidence Standard of Proof in Civil Cases Burden of Proof Certification of Point of Law Appeals From Primary Court Decisions

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Parties

M/S Mass Huduma Limited

Applicant

Abel Simon

Respondent

Procedural Posture

Miscellaneous Civil Application / Application for Certification of Points of Law for Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the High Court Judge properly dealt with section 3(2)(b) of the Evidence Act Cap 6 R.E 2019 regarding standard of proof in civil matters
  2. 2 Whether the High Court Judge erred in law and misdirected himself in construing sections 110 and 111 of the Evidence Act Cap 6 R.E 2019

Ratio Decidendi

The application meets the legal threshold for certification as the points raised involve questions of law regarding the construction and application of sections 3(2)(b), 110, and 111 of the Evidence Act in civil proceedings, which warrant determination by the Court of Appeal.

Court Disposition

Application granted

Orders

  • Two points of law certified for determination by the Court of Appeal
  • Costs to be in the cause