Wanasheria na mawakili, naomba muipitie hukumu hii muone kama haki ilitendeka

[Retired]

Nasema hivyo kwa sababu inajulikana tangu dunia ya sheria iwepo, kuwa POINT OF LAW ON JURISDICTION CAN BE RAISED AT ANY STAGE OF THE TRIAL/CASE.
sasa angalia waheshimiwa majaji wa Rufaa walivyopindisha sheria ambayo ipo from time immemorial na bila kusema kuwa categorically they are departing from their earlier decisions on jurisdiction...
Nimeweka autjority ya Court of appeal so as to compare na walichokifanya Waheshimiwa. sagaciR

1. As the Court of Appeal of Tanzania stated in CIVIL APPLICATION NO. 3 OF 2004, RICAHRD JULIUS
RUKAMBURA V ISSACK NTWA MWAKAJILA AND TANZANIA RAILWAYS CORPORATION, ( MZA) ( UNREPORTED):
The question of jurisdiction is fundamental in court proceedings and can be raised at any stage

2. See also FANUEL MANTIRI NGUNDA VS HERMAN MANTIRI
NGUNDA AND 20 OTHER (CA) CIVIL APPEAL NO. 8 OF 1995
( Unreported)

 

[joshydama]

The Court was right to uphold the decision as it reads on the judgment since it is settled principle of law that the Court of law is guided/ moved by the evidence and law. Therefore,the court of law cannot be moved by mere allegation. You have to back up your allegation with strong evidence.