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
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Parties
Raphael Bundala
Applicant
Hamisi Kisabo
Respondent
Procedural Posture
Misc. Land Application / Ruling on Application for Leave to Appeal to Court of Appeal
Legal Issues
- 1 Whether the applicant has demonstrated arguable points of law or fact warranting leave to appeal to the Court of Appeal
- 2 Whether the Village Council has authority to approve land disposition
- 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
Full Case Text
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