aloyce james kasawa vs william mufungo mwangwa another 2021 tzca 610 22 october 2021

aloyce james kasawa vs william mufungo mwangwa another 2021 tzca 610 22 october 2021

The Court of Appeal lacked jurisdiction to entertain an application for extension of time to seek leave to appeal in land matters under section 47(1) of the Land Disputes Courts Act, as exclusive jurisdiction was vested in the High Court. The single Justice was justified in striking out the application for want of jurisdiction. Costs awarded on a matter raised suo motu were improper and set aside.

Citation
aloyce james kasawa vs william mufungo mwangwa another 2021 tzca 610 22 october 2021
Parties
Applicant: Aloyce James Kasawa; 1st Respondent: William Mufungo Mwangwa; 2nd Respondent: Lawrence M. Manyama
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 October 2021
Procedural Posture
Civil Reference / Ruling on Reference From Single Justice Decision
Outcome
Application for reference dismissed
Legal Topics
Extension of Time, Leave to Appeal, Jurisdiction, Costs
Source Language
English
Civil Procedure Land Law Appellate Jurisdiction Extension of Time Leave to Appeal Jurisdiction Costs

Case Brief

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Parties

Aloyce James Kasawa

Applicant

William Mufungo Mwangwa

1st Respondent

Lawrence M. Manyama

2nd Respondent

Procedural Posture

Civil Reference / Ruling on Reference From Single Justice Decision

Legal Issues

  1. 1 Whether the Court of Appeal had jurisdiction to entertain an application for extension of time to seek leave to appeal in land matters under section 47(1) of the Land Disputes Courts Act
  2. 2 Whether the High Court had exclusive jurisdiction to grant leave to appeal in land matters
  3. 3 Whether costs should be awarded when the issue leading to disposal was raised suo motu

Ratio Decidendi

The Court of Appeal lacked jurisdiction to entertain an application for extension of time to seek leave to appeal in land matters under section 47(1) of the Land Disputes Courts Act, as exclusive jurisdiction was vested in the High Court. The single Justice was justified in striking out the application for want of jurisdiction. Costs awarded on a matter raised suo motu were improper and set aside.

Court Disposition

Application for reference dismissed

Orders

  • Decision of single Justice upheld except for costs
  • Order for costs set aside