edesius mwinuka vs patrick b mgaya 2020 tzhc 3251 16 october 2020

edesius mwinuka vs patrick b mgaya 2020 tzhc 3251 16 october 2020

There are no grounds of appeal advanced by the applicants which merit serious judicial consideration by the Court of Appeal; specific limitation provisions apply to land cases, and general limitation law does not override them.

Citation
edesius mwinuka vs patrick b mgaya 2020 tzhc 3251 16 october 2020
Parties
Applicant: Edesius Mwinuka; Applicant: Patrick B. Mbata; Respondent: Patrick B. Mgaya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 October 2020
Procedural Posture
Land Appeal / Application for Leave to Appeal to Court of Appeal
Outcome
application dismissed
Legal Topics
Leave to Appeal, Limitation of Actions, Appellate Jurisdiction
Source Language
English
Land Law Civil Procedure Leave to Appeal Limitation of Actions Appellate Jurisdiction

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Parties

Edesius Mwinuka

Applicant

Patrick B. Mbata

Applicant

Patrick B. Mgaya

Respondent

Procedural Posture

Land Appeal / Application for Leave to Appeal to Court of Appeal

Legal Issues

  1. 1 Applicability of section 46 and section 19(2) of the Law of Limitation Act to land cases from District Land and Housing Tribunal
  2. 2 Whether section 47(2) of the Land Disputes Courts Act renders other provisions of the Law of Limitation Act inapplicable

Ratio Decidendi

There are no grounds of appeal advanced by the applicants which merit serious judicial consideration by the Court of Appeal; specific limitation provisions apply to land cases, and general limitation law does not override them.

Court Disposition

application dismissed

Orders

  • application for leave to appeal to Court of Appeal is dismissed