Tanzacoal East Africa Limited versus The Minister for Energy and Minerals; Misc Commercial Application No 331 of 2015; High Court of Tanzania (Commercial Division) at Dar es Salaam (Unreported).
- Court of Appeal Rules
- Leave to appeal – what are the grounds for an application for leave to appeal to the Court of Appeal?
Held:-
(i) There is no scope for granting leave unless two conditions are satisfied: (a) the case should involve a substantial question of law worth consideration of the Court of Appeal; and (b) that the grounds raised must be of issues of general importance or novel points of law or prima facie case necessitating the intervention of the Court of Appeal (cited with approval the decision in Buckay v. Holmes (1926) All ER No 90).
(ii) The rule laid down by courts in various decisions is that an appeal shall lie to the Court of Appeal from any judgment, decree or final order of the High Court, whether in civil, criminal or other proceedings, if the High Court, during the stage of granting leave is satisfied that the case involves a substantial question of law as to the interpretation of the law, and that the reasons advanced as grounds of appeal raises questions of general importance or novel points of law, and of course not issues of facts or evidence. Another may be that, the facts of the case are suitable as a foundation for determining some question of general principle or general importance.