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The Babati District Court failed to properly re-evaluate the evidence from the Magugu Primary Court. The respondent was only entitled to ten herds of cattle by admission, not thirteen. The first appellant is entitled to thirteen herds of cattle, and the respondent is not entitled to recover more than the fourteen cattle already given at Magugu Police Station.
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The High Court nullified Land Tribunal proceedings for serious irregularities in recording evidence and ordered a retrial before a different chairperson.
The High Court allowed a land appeal, reversed the tribunal decision, and ordered a retrial because the disputed land was not clearly identified and ownership was unproved.
The appellate tribunal properly recorded assessors' opinions in writing and in the presence of parties, the trial tribunal was properly constituted, and the appellate tribunal re-evaluated the evidence; no irregularity or miscarriage of justice occurred.
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The High Court dismissed an application for certification of points of law, holding the grounds were factual disputes already resolved by the lower tribunals.
The High Court granted leave to appeal to the Court of Appeal, finding the proposed grounds arguable, including burden of proof, re-evaluation of evidence, and relief determination.
High Court granted a certificate on points of law for appeal, finding arguable issues on hearing, re-evaluation of evidence, and a long-absent land claim.
The applicant demonstrated an issue of general importance and arguable appeal, specifically whether the trial judge interfered with the trial court award of damages without considering guiding legal principles, warranting leave to appeal.
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The first appellate court failed to fulfill its legal duty to re-evaluate the evidence and provide substantiated reasons for its decision, rendering its judgment and decree invalid.
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The High Court granted leave to appeal to the Court of Appeal in a land matter, holding that the applicant raised a point of law on re-evaluation of evidence.
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