Sample of petition of appeal in Tanzania [+PDF Download]

Here you will see a sample of a petition of appeal in Tanzania

But before that;

What is a petition of appeal?

A petition of appeal is a formal written request submitted to a higher court, seeking reconsideration of a decision made by a lower court or administrative body.

It is a legal document that outlines the grounds for appeal and presents arguments as to why the decision in question should be reversed, modified, or set aside.

The petitioner, often the party dissatisfied with the lower court’s decision, is the one filing the petition of appeal.

The petition of appeal typically includes a statement of the facts, the legal issues involved, and the specific errors or points of law that the petitioner believes the lower court has made.

It serves as a means for the appellant to present their case and persuade the higher court that the lower court’s decision was incorrect or unjust.

Sample of petition of appeal in Tanzania

IN THE HIGH COURT OF TANZANIA
AT MOSHI

(PC) CIVIL APPEAL NO………… OF 20..
(Arising from Civil Appeal No. 14 of 20.. of Hai District Court
and Original Civil Case No. 2 of 20.. of Hai Primary Court)

JUMA MOHAMEDI ………….……………………………….. APPELLANT
Versus
TWAHIRU MSABAHA ……………………………….….…. RESPONDENT

PETITION OF APPEAL

JUMA MOHAMEDI, the Appellant herein, being aggrieved by and dissatisfied with the decision of Y. E. JOHNNY – RM in Civil appeal No. 14 of 20… of Hai District Court hereby appeals against the said decision on the following grounds:-

  1. That the learned Resident Magistrate erred in law and fact by holding that the issue of ownership of the piece of land in dispute had already been determined by Hai Ward Tribunal whereas there was no any or sufficient evidence to establish such fact.
  2. That even if the issue of ownership of the piece of land in dispute had already been determined, which is still strongly disputed, the learned Resident Magistrate erred in law by not holding that the proper course of action would have been for the Respondent to lodge his claim for compensation in the Ward Tribunal or in a District Land and Housing Tribunal in respect of plants allegedly damaged by the Appellant.
  3. That the learned Resident Magistrate erred in law and fact by not holding that the primary court was not vested with jurisdiction to adjudicate on the dispute in question.
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WHEREFORE the Appellant prays that the appeal be allowed, the decisions by the to two courts below be quashed and be nullified and the Respondent be condemned tocosts.

Dated at Kilimanjaro this ……………….. day of …………………………… 20..

_____________________
APPELLANT

Presented to the Hai District Court Registry for filing this ………..…… day of ………….…………….. 20…

_________________________
REGISTRY CLERK

Drawn & Filed by:

ATOZ,
ADVOCATE,
BOMA AVENUE,
P.O. BOX 1OO,
MOSHI.

To be served upon:

The respondent

See: Reply to a petition of Appeal

Sample of petition of appeal in Tanzania pdf

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