yahaya issa vs issa mohamed 2024 tzhc 92 5 february 2024

The application for certification on point of law is granted because there are two points of law—application of res judicata and the right to be heard—that are sufficiently important and apparent on the record to warrant determination by the Court of Appeal.

Citation: yahaya issa vs issa mohamed 2024 tzhc 92 5 february 2024
Parties: Applicant: Yahaya Issa; Respondent: Issa Mohamed
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 5 February 2024
Procedural Posture: Miscellaneous Civil Application / Ruling on Application for Certificate on Point of Law
Outcome: Application granted
Legal Topics: Certification of Point of Law, Res Judicata, Right to Be Heard, Appeals From Primary Court Decisions
Source Language: English

Civil Procedure Probate and Administration Certification of Point of Law Res Judicata Right to Be Heard Appeals From Primary Court Decisions

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Parties

Yahaya Issa

Applicant

Issa Mohamed

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Certificate on Point of Law

Legal Issues

1 Whether the High Court was right to uphold the District Court's decision to strike out Miscellaneous Civil Application No. 16 of 2016 on the ground of res judicata
2 Whether the High Court was right to uphold the District Court's decision to strike out Miscellaneous Civil Application No. 16 of 2016 without affording the applicant the constitutional right to be heard

Ratio Decidendi

Court Disposition

Application granted

Orders

Certificate on point of law issued for appeal to the Court of Appeal of Tanzania on the two specified legal issues
Each party to bear its own costs