20150817 TZHC Arusha

.~ ii,? 'I ,. ? i IN THE HIGH COURT OF TANZANIA ' I AT ARUSHA l MISC. CIVIL APPL NO.69 OF 2015 I (Originating from High Court Land Appeal No.27/2014) ELIA PO KEA NGOE ............. I ,.................... APPLICANT I VERSUS I KATARINA KAVEI ...............,................. RESPONDENT I RULING MAGHIMBI, J The applicant herein lodged this application under the provisions of Section 47(1) of the Land Disputes Courts Act,l 2002 to be read together with Rule . , I 45(a) of the Court of Appeal Rules, 2009 and Section 5(c) of the Appellate Jurisdiction Act, Cap 141 RE 2002.The applicant was seeking to be granted leave to appeal to the court of appeal against a judgment and decree of I . the High Court in Land Appeal No. 2 /2014 dated 06 th March., 2015. The 1 application was supported by an j affidavit of the applicant dated 12/03/2015. The application was heard by way of written submissions. I Before going to the merits of the apblication, I have noted matters that I were raised by the respondentwhile filing her reply submissions which call for the attention of this Court. The rJspondent raised argument that the notice of ap~eal was not signed by thJ appellant and was not even filed in j the registry office hence it is sufficient to say that there is no any notice 1 ' j filed before the court. She argued that leave to appeal cannot be issued in I absence of a valid notice of appeal. The appellant on his part did not I counter-argue this contention as he had Jn opportunity to file a rejoinder which he did not. Owing to the argument raised by the respbndent, I did not see the need to I go into the merits of the application. ThJ provisions of Rule 83(1) of the j Court of Appeal Rules, 2009 are very cleari that: 83. -''(1) any person who desires to a)pea/ to the Court shall lodge I a written notice in duplicate with the Registrar of the High Court F/ I In the current application, as correctly Jubmitted by the respondent, the I said notice was neither signed nor file6 in the court registry. There is I therefore, no notice of appeal in the reco~ds of the application. I I Furthermore, Rule 49(3) of the same ~ules requires that application for I leave to appeal made to the High Court shall be accompanied by a copy of I the order of the High Court. The current application does not contain any I ' copy of the order of the High Court that ,leave is sought for. j I For the foregoing reasons, this application is incompetent before the court I and is hereby struck out with costs. / I Application Struck Out. I Dated at Arusha this 1i~day of August, 2015 I SGD I S. M. MAGHIMBI ' JUDGE 2 I I I hereby certify this to be c;3 true copy of the original. l Deputy Registrar High Coult Arusha 3