raphael bundala vs hamisi kisabo 2020 tzhc 705 24 april 2020

raphael bundala vs hamisi kisabo 2020 tzhc 705 24 april 2020

The applicant failed to demonstrate any contentious issues of law or fact warranting leave to appeal; the grounds raised were either not substantiated, not borne by the affidavit, or contrary to clear statutory provisions.

Citation
raphael bundala vs hamisi kisabo 2020 tzhc 705 24 april 2020
Parties
Applicant: Raphael Bundala; Respondent: Hamisi Kisabo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 April 2020
Procedural Posture
Misc. Land Application / Ruling on Application for Leave to Appeal to Court of Appeal
Outcome
Application dismissed with costs
Legal Topics
Leave to Appeal, Village Land Management, Appellate Review
Source Language
English

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Raphael Bundala

Applicant

Hamisi Kisabo

Respondent

Procedural Posture

Misc. Land Application / Ruling on Application for Leave to Appeal to Court of Appeal

  1. 1 Whether the applicant has demonstrated arguable points of law or fact warranting leave to appeal to the Court of Appeal
  2. 2 Whether the Village Council has authority to approve land disposition
  3. 3 Whether the appellate judge introduced new facts not on record

Ratio Decidendi

The applicant failed to demonstrate any contentious issues of law or fact warranting leave to appeal; the grounds raised were either not substantiated, not borne by the affidavit, or contrary to clear statutory provisions.

Court Disposition

Application dismissed with costs

Orders

  • Application for leave to appeal is dismissed with costs