ali chamani vs karagwe district council another 2018 tzca 177 6 september 2018

ali chamani vs karagwe district council another 2018 tzca 177 6 september 2018

The application was incompetent for being omnibus and for invoking a provision (section 47(1) of the Land Disputes Courts Act) that does not vest jurisdiction in the Court of Appeal to grant leave or extension of time in land matters; accordingly, the application was struck out with costs.

Citation
ali chamani vs karagwe district council another 2018 tzca 177 6 september 2018
Parties
Applicant: Ali Chamani; 1st Respondent: Karagwe District Council; 2nd Respondent: Columbus Paul S
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
6 September 2018
Procedural Posture
Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs.
Legal Topics
Omnibus Applications, Jurisdiction of Court of Appeal, Extension of Time, Leave to Appeal, Procedural Requirements for Applications
Source Language
English
Civil Procedure Land Law Omnibus Applications Jurisdiction of Court of Appeal Extension of Time Leave to Appeal Procedural Requirements for Applications

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Ali Chamani

Applicant

Karagwe District Council

1st Respondent

Columbus Paul S

2nd Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is incompetent for being omnibus
  2. 2 Whether the Court of Appeal has jurisdiction under section 47(1) of the Land Disputes Courts Act to grant leave or extension of time in land matters
  3. 3 Whether failure to annex proceedings and drawn order renders the application incompetent

Ratio Decidendi

The application was incompetent for being omnibus and for invoking a provision (section 47(1) of the Land Disputes Courts Act) that does not vest jurisdiction in the Court of Appeal to grant leave or extension of time in land matters; accordingly, the application was struck out with costs.

Court Disposition

Application struck out with costs.

Orders

  • Application struck out with costs.