musso alfayo bwire vs the managing director of balton two others 2023 tzhc 23034 24 november 2023

musso alfayo bwire vs the managing director of balton two others 2023 tzhc 23034 24 november 2023

The application for leave to appeal is granted because the applicant raised crucial and apparent issues on the face of the record regarding the exercise of revisional powers and the right to be heard, which are sufficient to warrant the attention of the Court of Appeal. The merits of these issues are reserved for...

Source-derived case information.

Citation
musso alfayo bwire vs the managing director of balton two others 2023 tzhc 23034 24 november 2023
Parties
Applicant: Musso Alfayo Bwire; 1st Respondent: The Managing Director of Balton; 2nd Respondent: The Managing Director of Badugu Ginnery; 3rd Respondent: Fund Manager Cotton Development Trust Fund
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 November 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Leave to Appeal to the Court of Appeal
Outcome
Application granted
Legal Topics
Leave to Appeal, Right to Be Heard, Natural Justice, Jurisdiction, Extension of Time
Source Language
english
Civil Procedure Leave to Appeal Right to Be Heard Natural Justice Jurisdiction Extension of Time

Source-derived case record

Summary, issues, holding and outcome

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Parties

Musso Alfayo Bwire

Applicant

The Managing Director of Balton

1st Respondent

The Managing Director of Badugu Ginnery

2nd Respondent

Fund Manager Cotton Development Trust Fund

3rd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant should be granted leave to appeal to the Court of Appeal against the decision of the High Court
  2. 2 Whether the right to be heard was denied in the proceedings before Hon. Rumanyika, J.
  3. 3 Whether the High Court properly exercised revisional powers after dismissing the appeal as time-barred

Ratio Decidendi

The application for leave to appeal is granted because the applicant raised crucial and apparent issues on the face of the record regarding the exercise of revisional powers and the right to be heard, which are sufficient to warrant the attention of the Court of Appeal. The merits of these issues are reserved for the appellate court.

Court Disposition

Application granted

Orders

  • Leave to appeal to the Court of Appeal is granted.
  • Costs to be in the cause.