20050509 TZCA Dodoma

20050509 TZCA Dodoma

The appeal was dismissed because there was no cogent material to sustain the grounds of appeal, and the issue of ownership was not properly before the appellate court as it was not raised in the lower court proceedings.

Citation
20050509 TZCA Dodoma
Parties
Appellant: Peter Shirima; Respondent: Asha Ismail
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 May 2005
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Eviction, Legal Representative, Appeal Procedure
Source Language
English
Civil Procedure Eviction Legal Representative Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Peter Shirima

Appellant

Asha Ismail

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the District Court erred in ordering eviction of the appellant from the disputed house
  2. 2 Whether the appellate court can determine the issue of ownership not raised in the lower court

Ratio Decidendi

The appeal was dismissed because there was no cogent material to sustain the grounds of appeal, and the issue of ownership was not properly before the appellate court as it was not raised in the lower court proceedings.

Court Disposition

appeal dismissed

Orders

  • Costs to follow the event