MISC

MISC

The application for leave to appeal is overtaken by the amendment of the law, which has removed the requirement for leave to appeal to the Court of Appeal; therefore, the application is struck out.

Source-derived case information.

Citation
MISC
Parties
Applicant: Colletha Benedict Itemba; 1st Respondent: Julius Makara Laizer; 2nd Respondent: Paulo Ramadhani Alis; 2nd Respondent: Abdallah Ramadhani; 3rd Respondent: Daveej Velji Patel; 4th Respondent: David Vitalis Msangi; 5th Respondent: Immanuel Swai; 6th Respondent: Jeremiah Swai; 7th Respondent: Juma Pili; 8th Respondent: Gabriely Lemukok; 9th Respondent: Musa Laizer; 10th Respondent: Neema Kibwana Mollel; 11th Respondent: Romata J. Romata; 12th Respondent: Rizikitemba; 13th Respondent: Vina Manji Ravji
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Leave to Appeal
Outcome
Application struck out as overtaken by events; no order as to costs.
Legal Topics
Leave to Appeal, Retrospective Application of Procedural Law, Jurisdiction of Court of Appeal
Source Language
english
Civil Procedure Land Law Leave to Appeal Retrospective Application of Procedural Law Jurisdiction of Court of Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Colletha Benedict Itemba

Applicant

Julius Makara Laizer

1st Respondent

Paulo Ramadhani Alis

2nd Respondent

Abdallah Ramadhani

2nd Respondent

Daveej Velji Patel

3rd Respondent

David Vitalis Msangi

4th Respondent

Immanuel Swai

5th Respondent

Jeremiah Swai

6th Respondent

Juma Pili

7th Respondent

Gabriely Lemukok

8th Respondent

Musa Laizer

9th Respondent

Neema Kibwana Mollel

10th Respondent

Romata J. Romata

11th Respondent

Rizikitemba

12th Respondent

Vina Manji Ravji

13th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal to the Court of Appeal is required after the amendment of section 5 of the Appellate Jurisdiction Act and section 47(2) of the Land Disputes Courts Act

Ratio Decidendi

The application for leave to appeal is overtaken by the amendment of the law, which has removed the requirement for leave to appeal to the Court of Appeal; therefore, the application is struck out.

Court Disposition

Application struck out as overtaken by events; no order as to costs.

Orders

  • Application struck out
  • No order as to costs