Automated Summary
Key Facts
Michael Obey Daud applied for leave to appeal to the Court of Appeal of Tanzania regarding a 2021 judgment and decree. The applicant challenged (i) whether the first appeal court properly considered their grounds of appeal and (ii) whether it evaluated evidence related to ATM/mobile phone money withdrawals. The respondent, National Microfinance Bank Ltd, argued the application lacked merits and should be dismissed, citing the need for issues of general importance or arguable legal points. The court granted the application, ordering each party to bear their own costs due to the nature of the case.
Issues
- Whether the 1st appeal court properly evaluated and apprehended the evidence regarding the means (ATM or mobile phone) through which the applicant's money was withdrawn.
- Whether the 1st appeal court was right not considering the applicant's grounds of appeal and whether it properly evaluated the evidence regarding the means (ATM or mobile phone) through which the applicant's money was withdrawn.
Holdings
The court granted the application for leave to appeal, determining that the applicant's request met the necessary conditions under the Appellate Jurisdiction Act and Court of Appeal Rules. The court also ruled that each party shall bear their own costs due to the circumstances and nature of the application.
Remedies
The application for leave to appeal is granted. Each party shall bear their costs given the circumstances and nature of the application.
Legal Principles
The court applied the rule from the British Broadcasting Corporation v. Erick Sikujua Ng'imaryo case, requiring leave to appeal applications to demonstrate issues of general importance, noble points of law, or an arguable appeal. The ruling emphasized the court's duty to assess the merits of the application rather than rubber-stamp a second appeal.
Precedent Name
- The British Broadcasting Corporation vs. Erick Sikujua Ng'imaryo
- Bulyankhulu Gold Mining Ltd & 2 Others v. Petro Lubi Tanzania & Another
Cited Statute
- Court of Appeal Rules
- Appellate Jurisdiction Act
Judge Name
S.M. RUMANYIKA
Passage Text
- the applicant applied for leave to appeal to the Court of Appeal of Tanzania on points :- (i) Whether the 1st appeal court was right not considering the applicant's grounds of appeal (ii) Whether with respect to the means, through ATM or mobile phone the applicant's money was withdrawn, the 1st appeal court properly evaluated and apprehended the evidence well within time one having had lodged a notice of appeal
- Dr. G. Mwaisondola learned counsel for National Microfinance Bank Ltd (the respondent) he submitted that the application lacked merits and it was liable to be dismissed because in order for this court to grant leave of appeal... the instant application did not meet the conditions namely if there were issues of general importance, noble points of law, or an arguable appeal
- In the upshot, the application is granted. Each party shall bear their costs given the circumstances and nature of the application. It is so ordered.
Damages / Relief Type
Leave to appeal granted