hassani vs yusufu 2006 tzhc 26 20 june 2006

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

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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

  1. 1 Whether the suit in Civil Case No. 23 of 1999 was time barred
  2. 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.