N
Leave to appeal out of time was granted because the Primary Court lacked jurisdiction to try tort cases, making the appeal tenable and likely to succeed.
Source-derived case information.
- Citation
- N
- Parties
- Appellant: Mwahenda Tayari; Respondent: Njigula Libonhi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 1978
- Procedural Posture
- Misc Civil Application / Application for Leave to Appeal Out of Time
- Outcome
- Application and appeal allowed
- Legal Topics
- Leave to Appeal Out of Time, Jurisdiction of Primary Courts, Defamation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwahenda Tayari
Appellant
Njigula Libonhi
Respondent
Procedural Posture
Misc Civil Application / Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether leave to appeal out of time should be granted
- 2 Whether the Primary Court had jurisdiction to try tort cases
Ratio Decidendi
Leave to appeal out of time was granted because the Primary Court lacked jurisdiction to try tort cases, making the appeal tenable and likely to succeed.
Court Disposition
Application and appeal allowed
Orders
- Leave to appeal out of time granted
- Appellant to receive costs throughout the entire case
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIG+I COURT OF TIiNIANIA AT TABORA (pa) MISC CIVIL A.PFLICLTION NO0 38 OF 1979 (prom the decision of the District Court of Shinyanga at Shinyanga in Misc Civil Appeal No. 5 of L979) IVLAHENDA TAYARI • • • • 0 ,• • • • APPELLANT versus N JIGtJL.A LI]3ONHL o aaaaaa aa aaa aaaa aa a ao aa aaaaa RESPONDENT JUDGEMENT KWIICIMA, Lg.J. This is an second application for leave to appeal out of time from a suit orginating in Shinyanga Urban Primary Court Civil. Case No. 123 of 1978 in which the appellant was ordered • to pay damages to the respondent for defamation of character. The learned District Magistrate who rejected the 1st pp1ica-tion act?d on wrong princp1e as leave will invariably be granted where, ii this case, the appeal has overwhelming, chances of success. Had he stopped to ponder over the matter, he would have discovered that Primary Courts have no juri- sidiction to try cases arising out of torts. or that reason the appeal was tenab1e Accordingly the application and the appeal must be succeed and it is s.o ordered. The appellant is to receive costs thDoughout the entire case0- M.H.A. K7]XIML ACT ING JUmE. 4