Wanasheria naomba mpitie kesi hii,
Kwa kifupi appellant ali raise concern on the pecuniary jurisdiction of the primary court. Mahakama ya rufaa ilikubali kuwa jurisdiction can be raised at any time of the proceedings as it is fundamental and goes to the root of the matter. At page eight, Mahakama hiyo hiyo ilikataa/haikuipa uzito hoja hiyo.
Is this not contradictory to the long-established principle kuwa jurisdiction can be raised at any time of the trial?
It has been now put into contention that the CA of appeal is giving conflicting decisions for example the use of Oxygen principle as intimated by Fb attorneys!!
Kwa kifupi appellant ali raise concern on the pecuniary jurisdiction of the primary court. Mahakama ya rufaa ilikubali kuwa jurisdiction can be raised at any time of the proceedings as it is fundamental and goes to the root of the matter. At page eight, Mahakama hiyo hiyo ilikataa/haikuipa uzito hoja hiyo.
Is this not contradictory to the long-established principle kuwa jurisdiction can be raised at any time of the trial?
It has been now put into contention that the CA of appeal is giving conflicting decisions for example the use of Oxygen principle as intimated by Fb attorneys!!
