salum hussein vs raphael mjema 2002 tzhc 2045 11 december 2002

No point of law was shown to exist that merits certification for determination by the Court of Appeal; only matters raised and decided in lower courts can be appealed.

Citation: salum hussein vs raphael mjema 2002 tzhc 2045 11 december 2002
Parties: Appellant: Salum Hussein; Respondent: Raphael Mjema
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 11 December 2002
Procedural Posture: PC Civil Appeal / Application for Leave to Appeal to Court of Appeal
Outcome: application dismissed with costs
Legal Topics: Leave to Appeal, Point of Law, Trespasser Ownership, Appellate Jurisdiction
Source Language: English

Civil Procedure Leave to Appeal Point of Law Trespasser Ownership Appellate Jurisdiction

Case Brief

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Parties

Salum Hussein

Appellant

Raphael Mjema

Respondent

Procedural Posture

PC Civil Appeal / Application for Leave to Appeal to Court of Appeal

Legal Issues

1 Whether there is a point of law warranting leave to appeal to the Court of Appeal
2 Whether a trespasser of land can be given ownership

Ratio Decidendi

No point of law was shown to exist that merits certification for determination by the Court of Appeal; only matters raised and decided in lower courts can be appealed.

Court Disposition

application dismissed with costs

Orders

Application for leave to appeal is dismissed with costs.
Right of appeal is open.