| dc.contributor.author | NDIKA, FIKIRINI, J.A. AND KIHWELO, J.A J.A | |
| dc.date.accessioned | 2023-04-19T12:23:12Z | |
| dc.date.available | 2023-04-19T12:23:12Z | |
| dc.date.issued | 2022-09-13 | |
| dc.identifier.uri | http://localhost/handle/123456789/1042 | |
| dc.description | SHAMSA SALIM HAMDUNI VS. THE ADMINISTRATOR GENERAL & ANOTHER
COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM (Ndika, Fikirini and Kihwelo JJ. A) CIVIL APPLICATION NO 360/01 OF 2020
(Application for leave to appeal arising from Miscellaneous Application No. 506 of 2019 by Mgonya J)
Civil Procedure and Practice- Application for leave to appeal- grounds upon which leave to appeal may be granted?
Civil Procedure and Practice- Appeal to the Court of Appeal- What grounds can be litigated at the Court of Appeal on first appeal?
Civil Procedure and Practice- Application for second bite leave- Powers of the Court of Appeal to entertain second bite application for leave?
Facts;
The dispute arose on 16th September, 2014 when the High Court of Tanzania at Dar es Salaam (Mwakipesile, J.) in Probate and Administration Cause No. 8 of 2010 appointed the applicant and the 1st respondent as co-administrators to join the 2nd respondent to administer the estate of the late Salim Hamdun Said. Later, the 1st respondent moved the High Court vide Miscellaneous Civil Application No. 671 of 2018 to revoke the appointment of the applicant and the 2nd respondent as administrators of the deceased's estate so that the 1st respondent could remain the sole administrator. The matter was heard ex parte, Mgonya, J. granted the prayer sought. Aggrieved by the decision, the applicant lodged Miscellaneous Civil Application No. 506 of 2019 praying for the ruling and order to be set aside which was dismissed by Mgonya J for want of merits.
Aggrieved by the said decision, the Applicant lodged notice of appeal and filed an application for leave which was unsuccessful hence this second bite application for leave.
Held;
1. The Court reinstated the principle enunciated in the case of Harban Haji Moshi and Another v. Omari Hilal Seif and Another [2001] TLR 409 and British Broadcasting Corporation v. Eric Sikujua Ng'maryo, Civil Application No. 138 of 2004 (unreported) where it was stated that “As a matter of general principle, leave to appeal will be granted where the grounds of appeal raise issues of general importance or a novel point of law or where the grounds show a prima facie or arguable appeal”.
2. As the general rule first appeal could be predicated on issues of law or fact or both law and fact.
3. The power of the Court of Appeal to entertain application for leave as second bite is vested under provision of Section 5(1)(c) of the Appellate Jurisdiction Act, [Cap 141 R.E 2022]
Application granted and costs to follow events in the intended appeal.
Statutory provision referred to;
1. The Appellate Jurisdiction Act, [Cap 141 R.E 2022], Section 5(1)(c)
Case laws referred to;
1. Harban Haji Moshi and Another v. Omari Hilal Seif and Another [2001] TLR 409 and
2. British Broadcasting Corporation v. Eric Sikujua Ng'maryo, Civil Application No. 138 of 2004 (unreported) | en_US |
| dc.description.abstract | 1. The Court reinstated the principle enunciated in the case of Harban Haji Moshi and Another v. Omari Hilal Seif and Another [2001] TLR 409 and British Broadcasting Corporation v. Eric Sikujua Ng'maryo, Civil Application No. 138 of 2004 (unreported) where it was stated that “As a matter of general principle, leave to appeal will be granted where the grounds of appeal raise issues of general importance or a novel point of law or where the grounds show a prima facie or arguable appeal”.
2. As the general rule first appeal could be predicated on issues of law or fact or both law and fact.
3. The power of the Court of Appeal to entertain application for leave as second bite is vested under provision of Section 5(1)(c) of the Appellate Jurisdiction Act, [Cap 141 R.E 2022] | en_US |
| dc.language.iso | en | en_US |
| dc.publisher | THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM. | en_US |
| dc.subject | DAR ES SALAAM. | en_US |
| dc.title | SHAMSA SALIM HAMDUNI V.S THE ADMINISTRATOR GENERAL AND ANOTHER CIVIL APPLICATION NO. 360/01 OF 2020 | en_US |
| dc.title.alternative | CIVIL APPLICATION NO. 360/01 OF 2020. | en_US |
