Freeman Aikaeli Mbowe and Another versus Alex O. Lema; Civil Appeal No. 84 of 2001: Court of Appeal of Tanzania at Dar es Salaam (Unreported).
- Election Petitions
- Appeals – Whether leave to appeal to the Court of Appeal is mandatory.
Held:-
(i) A party may appeal as of right (without seeking leave of the High Court) where it is shown that the following conditions exists :-
(a) The case falls within one of the categories of cases specified in paragraph (a) and (b) of sub-article of article 83, namely whether the election or nomination of any person as a member of parliament has ceased to be such a member and his Parliamentary seat has consequently become vacant or not;
(b) The case was first instituted and heard in the High Court; and
(c) The High Court finally determined the matter.
Where such conditions do not exist e.g. interlocutory decisions that are not capable of disposing of the case finally, the decision is appealable with leave.