19991130 TZHC Tabora
The application is frivolous as the applicants are capable of appearing in court themselves or by counsel; leave to appeal is therefore refused.
Source-derived case information.
- Citation
- 19991130 TZHC Tabora
- Parties
- Appellant: Shella Jumane Zaini; Respondent: National Bank of Commerce; Respondent: Zaini Jumane; Respondent: Abdallah Mbuw
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 November 1999
- Procedural Posture
- Miscellaneous Civil Application / Application for Leave to Appeal
- Outcome
- Application dismissed with costs
- Legal Topics
- Leave to Appeal, Right of Audience, Frivolous Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shella Jumane Zaini
Appellant
National Bank of Commerce
Respondent
Zaini Jumane
Respondent
Abdallah Mbuw
Respondent
Procedural Posture
Miscellaneous Civil Application / Application for Leave to Appeal
Legal Issues
- 1 Whether leave to appeal should be granted against the decision refusing a party's attorney to appear
- 2 Whether the application is frivolous
Ratio Decidendi
The application is frivolous as the applicants are capable of appearing in court themselves or by counsel; leave to appeal is therefore refused.
Court Disposition
Application dismissed with costs
Orders
- Application dismissed
- Costs awarded to respondents
Full Case Text
Judgment text and source record
1 paragraphs
• • t., • ... ~lit IN ~HE HIGH couru OF !l'ANZANIA Ai' ~ JJ30RA•. MISC.CIV.APP.No.6m (msma FROM A :m.1.nm IN crm., CASE No. 1'/91-lF KIGOMA m:~r.ra.c cooo) · - SHELLA JUMA1iNE ZAillI: ~•o••••••••••••••o•• A.PPJiLLffl VERSIG ·-·-··-··-···--1e_~?~ ~Rl.'IONAL DANK OF CQfflERCE ) 2. ZAillt JUMA:NNE. ) •,, •• o • • • • .RP.S.t-ON~S 3c: ABDALLAH MB..,UW ) ··- RULilfG ~his is an application for leave t,o appeal to the Court of Appeal of ~&"lzania against. t,he dcc:ision of this court, ~asanche, J.) striling ot.rl; 1 tihe applicants' appeal a.gainst the decision of the Kigoma Di.st:riai Court whicrh refused one Ndayanse i,o appear as 1.he parties' at,i,orne.y "as t,he applican-t,s a.re capa:'lle to appear in aourt"• '.l:he applicat,ion is no1i vexified.Bome of t,he applicants have even appeared in pe:rson :i.11 t,his applicat,ion. !t'hey are aapable of att,cnding in cou:rt by i,hemselves o:r by counsel., 'l'his application is :f.rivol~us and I hereby dismiss it with cost.sc- LeBc- ?.fuhome, Je 20/9/99 Ordcurs Ruling dGlivered il1 Court t,his 3Jth Novembert 1999. Right, of Appeal explained.. ~~Be 1Sl1\\ta, Dis~,:r ict Regist:rar t ~/11/99