alli chamani vs karagwe district council another 2021 tzca 700 30 november 2021

alli chamani vs karagwe district council another 2021 tzca 700 30 november 2021

The appeal is incompetent due to lack of leave to appeal against the 1st respondent, a mandatory requirement under section 47(1) of the Land Disputes Courts Act; neither amendment nor revision powers can cure this defect.

Citation
alli chamani vs karagwe district council another 2021 tzca 700 30 november 2021
Parties
Appellant: Alli Chamani; 1st Respondent: Karagwe District Council; 2nd Respondent: Livingstone Nkililehi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 November 2021
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out with costs
Legal Topics
Leave to Appeal, Competence of Appeal, Preliminary Objection, Revision Powers
Source Language
English
Land Law Civil Procedure Leave to Appeal Competence of Appeal Preliminary Objection Revision Powers

Case Brief

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Parties

Alli Chamani

Appellant

Karagwe District Council

1st Respondent

Livingstone Nkililehi

2nd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is competent without leave to appeal against the 1st respondent as required by section 47(1) of the Land Disputes Courts Act
  2. 2 Whether amendment or revision powers can remedy the lack of leave

Ratio Decidendi

The appeal is incompetent due to lack of leave to appeal against the 1st respondent, a mandatory requirement under section 47(1) of the Land Disputes Courts Act; neither amendment nor revision powers can cure this defect.

Court Disposition

appeal struck out with costs

Orders

  • Appeal struck out with costs