20111219 TZCA Dar es Salaam
The appeal did not raise any point of law of sufficient significance to warrant the Court of Appeal's intervention; the grounds were either factual or not properly raised, and the certificate on points of law was improperly issued without scrutiny. The appeal was dismissed with costs.
- Citation
- 20111219 TZCA Dar es Salaam
- Parties
- Appellants: Khamis Mselem and another; Respondent: Omar Khatib
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 19 December 2011
- Procedural Posture
- Civil Appeal / Final Appellate (court of Appeal, Fourth Appeal)
- Outcome
- appeal dismissed with costs
- Legal Topics
- Certificate on Point of Law, Jurisdiction, Pleadings, Burden of Proof, Competence of Witness, Amendment of Pleadings, Power of Attorney
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Khamis Mselem and another
Appellants
Omar Khatib
Respondent
Procedural Posture
Civil Appeal / Final Appellate (court of Appeal, Fourth Appeal)
Legal Issues
- 1 Whether the appeal raised points of law worthy of consideration by the Court of Appeal
- 2 Whether the lower courts erred in law regarding pleadings, evidence, and procedure
- 3 Whether the suit was time barred and if jurisdictional issues were properly addressed
Ratio Decidendi
The appeal did not raise any point of law of sufficient significance to warrant the Court of Appeal's intervention; the grounds were either factual or not properly raised, and the certificate on points of law was improperly issued without scrutiny. The appeal was dismissed with costs.
Court Disposition
appeal dismissed with costs
Orders
- Appeal dismissed
- Costs awarded to respondent
Full Case Text
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