hassani vs yusufu 2006 tzhc 26 20 june 2006
The application raises issues of law regarding limitation and the propriety of issuing a ruling instead of a judgment after an appeal, both of which warrant consideration by the Court of Appeal. Leave to appeal is therefore granted.
- Citation
- hassani vs yusufu 2006 tzhc 26 20 june 2006
- Parties
- Applicant: Shabani Hassan; Respondent's Advocate: Emil Ngausa Massawe
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 20 June 2006
- Procedural Posture
- Application for Leave to Appeal / Ruling on Application for Leave to Appeal to the Court of Appeal
- Outcome
- Leave to appeal to the Court of Appeal granted with costs.
- Legal Topics
- Extension of Time, Leave to Appeal, Limitation of Actions, Distinction Between Ruling and Judgment
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Shabani Hassan
Applicant
Emil Ngausa Massawe
Respondent's Advocate
Procedural Posture
Application for Leave to Appeal / Ruling on Application for Leave to Appeal to the Court of Appeal
Legal Issues
- 1 Whether the suit in Civil Case No. 23 of 1999 was time barred
- 2 Whether the first appellate court erred by issuing a ruling instead of a judgment after hearing an appeal
Ratio Decidendi
The application raises issues of law regarding limitation and the propriety of issuing a ruling instead of a judgment after an appeal, both of which warrant consideration by the Court of Appeal. Leave to appeal is therefore granted.
Court Disposition
Leave to appeal to the Court of Appeal granted with costs.
Orders
- Leave to appeal to the Court of Appeal is granted as prayed.
- Applicant awarded costs.
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