20171018 TZCA Dar es Salaam

20171018 TZCA Dar es Salaam

The Court of Appeal lacks jurisdiction to entertain a second application for leave to appeal in land matters after the High Court has refused leave; the applicant's only remedy is to appeal against the refusal order.

Citation
20171018 TZCA Dar es Salaam
Parties
Applicant: Hamisi Msunge; Respondent: Hawa Hassani Mtumwa
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 October 2017
Procedural Posture
Civil Application / Application for Leave to Appeal (second Bite)
Outcome
Application struck out with costs
Legal Topics
Leave to Appeal, Jurisdiction, Land Disputes, Appellate Procedure
Source Language
English
Civil Procedure Land Law Leave to Appeal Jurisdiction Land Disputes Appellate Procedure

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Parties

Hamisi Msunge

Applicant

Hawa Hassani Mtumwa

Respondent

Procedural Posture

Civil Application / Application for Leave to Appeal (second Bite)

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to entertain a second application for leave to appeal in land matters after refusal by the High Court

Ratio Decidendi

The Court of Appeal lacks jurisdiction to entertain a second application for leave to appeal in land matters after the High Court has refused leave; the applicant's only remedy is to appeal against the refusal order.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs.