20170831 TZHC Dar es Salaam
The court found that the points of law raised in paragraph 5 of the applicant's affidavit require the attention of the Court of Appeal, thus justifying the grant of leave to appeal.
Source-derived case information.
- Citation
- 20170831 TZHC Dar es Salaam
- Parties
- Applicant: Tanzania-China Friendship Textile; Respondent: Charles Kabweza & 3 Others
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 31 August 2017
- Procedural Posture
- Misc. Civil Application / Ruling on Application for Leave to Appeal
- Outcome
- Leave to appeal granted
- Legal Topics
- Leave to Appeal, Points of Law
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tanzania-China Friendship Textile
Applicant
Charles Kabweza & 3 Others
Respondent
Procedural Posture
Misc. Civil Application / Ruling on Application for Leave to Appeal
Legal Issues
- 1 Whether the applicant has raised points of law worth consideration by the Court of Appeal
Ratio Decidendi
The court found that the points of law raised in paragraph 5 of the applicant's affidavit require the attention of the Court of Appeal, thus justifying the grant of leave to appeal.
Court Disposition
Leave to appeal granted
Orders
- Leave to appeal to the Court of Appeal is granted
- Each party to bear own costs
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY) AT DAR ES SALAAM MISC.CIVIL APPLICATION NO. 216 OF 2016 TANZANIA-CHINA FRIENDSHIP TEXTILE ................................................... .................. APPLICANT VERSUS CHARLES KABWEZA & 3 OTHER ................................ DEFENDANT RULING MURUKE, J. Applicant filed application for leave to appeal court of appeal. Reasons are started in the affidavit in support of the application particular paragraph 5, being points of law worth considering by the court of appeal. Despite respondent counter affidavit to refute, application has merits. Points of law raised in paragraph five of Mrs. Butamo Philip affidavit needs an attention of court of appeal. Thus, leave to appeal to the court of appeal is accordingly granted. Bearing the circumstances of this application, each party to bear own costs. Z. G. Muruke JUDGE 31/08/2017 t \_.