atupakisye mwakikuti vs sekela mwanakikuti another 2024 tzca 48 16 february 2024

atupakisye mwakikuti vs sekela mwanakikuti another 2024 tzca 48 16 february 2024

The High Court acted without jurisdiction in prescribing a ten-day period for filing an appeal to the Court of Appeal; such power is not vested in the High Court but is governed by the Court of Appeal Rules. The consequential order was a nullity and was quashed.

Citation
atupakisye mwakikuti vs sekela mwanakikuti another 2024 tzca 48 16 february 2024
Parties
Appellant: Atupakisye Mwakikuti; First Respondent: Sekela Mwakikuti; Second Respondent: Mbonile Kapalata
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 February 2024
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
consequential order quashed; no order as to costs
Legal Topics
Extension of Time, Leave to Appeal, Jurisdiction, Limitation Period
Source Language
English
Civil Procedure Land Law Extension of Time Leave to Appeal Jurisdiction Limitation Period

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 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Atupakisye Mwakikuti

Appellant

Sekela Mwakikuti

First Respondent

Mbonile Kapalata

Second Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the High Court had jurisdiction to prescribe the period for filing an appeal to the Court of Appeal
  2. 2 Whether the consequential order by the High Court fixing a ten-day period for appeal was proper

Ratio Decidendi

The High Court acted without jurisdiction in prescribing a ten-day period for filing an appeal to the Court of Appeal; such power is not vested in the High Court but is governed by the Court of Appeal Rules. The consequential order was a nullity and was quashed.

Court Disposition

consequential order quashed; no order as to costs

Orders

  • The consequential order dated 11th March, 2013 is quashed.
  • No order as to costs.