20151130 TZHC Dodoma 1
None of the conditions for reference under Order XLI Rule 1 of the Civil Procedure Code are present; the High Court lacks jurisdiction to entertain the application.
- Citation
- 20151130 TZHC Dodoma 1
- Parties
- Applicant: Simforaza Mathias; Respondent: Augustino Joseph
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 November 2015
- Procedural Posture
- Miscellaneous Land Case Application / Ruling
- Outcome
- Application dismissed with costs
- Legal Topics
- Reference Under Civil Procedure Code, Jurisdiction, Review of High Court Decision
- Source Language
- English
Case Brief
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Parties
Simforaza Mathias
Applicant
Augustino Joseph
Respondent
Procedural Posture
Miscellaneous Land Case Application / Ruling
Legal Issues
- 1 Whether the application for reference meets the conditions under Order XLI Rule 1 of the Civil Procedure Code
- 2 Whether the High Court has jurisdiction to entertain the reference application
Ratio Decidendi
None of the conditions for reference under Order XLI Rule 1 of the Civil Procedure Code are present; the High Court lacks jurisdiction to entertain the application.
Court Disposition
Application dismissed with costs
Orders
- Reference application dismissed with costs
Full Case Text
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