josephine litereko vs boniface kimwel 2020 tzhclandd 2292 21 september 2020

josephine litereko vs boniface kimwel 2020 tzhclandd 2292 21 september 2020

There is a crucial issue regarding the findings of the tribunal on res judicata and the question of jurisdiction of the Ward Tribunal, which warrants determination by the Court of Appeal; therefore, leave to appeal is granted.

Citation
josephine litereko vs boniface kimwel 2020 tzhclandd 2292 21 september 2020
Parties
Applicant: Ruth Mmari; Respondent: Mrisho Ramadhani
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
21 September 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Leave to Appeal
Outcome
Application allowed
Legal Topics
Leave to Appeal, Extension of Time, Jurisdiction, Res Judicata
Source Language
English
Civil Procedure Land Law Leave to Appeal Extension of Time Jurisdiction Res Judicata

Case Brief

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Parties

Ruth Mmari

Applicant

Mrisho Ramadhani

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant should be granted leave to appeal to the Court of Appeal against the ruling in Misc. Land Application No. 367/2019
  2. 2 Whether there are legal or factual issues warranting determination by the Court of Appeal, including jurisdiction and res judicata

Ratio Decidendi

There is a crucial issue regarding the findings of the tribunal on res judicata and the question of jurisdiction of the Ward Tribunal, which warrants determination by the Court of Appeal; therefore, leave to appeal is granted.

Court Disposition

Application allowed

Orders

  • Leave granted to the applicant to appeal against the decision in Misc. Land Application No. 367/2019
  • Costs shall follow the cause