elius a mwakalinga vs domina kagaruki 5 others 2022 tzhclandd 12412 7 october 2022

elius a mwakalinga vs domina kagaruki 5 others 2022 tzhclandd 12412 7 october 2022

The application did not reveal contentious or disturbing issues nor raise grounds of general importance or a prima facie arguable appeal; therefore, leave to appeal was not warranted.

Source-derived case information.

Citation
elius a mwakalinga vs domina kagaruki 5 others 2022 tzhclandd 12412 7 october 2022
Parties
Applicant: Elius A. Mwakalinga; 1st Respondent: Domina Kagaruki; 2nd Respondent: Farida F. Mbarak; 3rd Respondent: Farid Ahmed Mbarak; 4th Respondent: The Commissioner for Lands; 5th Respondent: The Tanzania Building Agency; 6th Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
7 October 2022
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Leave to Appeal
Outcome
Application dismissed with costs
Legal Topics
Leave to Appeal, Jurisdiction, Execution of Decree, Administrative Actions
Source Language
english
Land Law Civil Procedure Leave to Appeal Jurisdiction Execution of Decree Administrative Actions

Source-derived case record

Summary, issues, holding and outcome

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Parties

Elius A. Mwakalinga

Applicant

Domina Kagaruki

1st Respondent

Farida F. Mbarak

2nd Respondent

Farid Ahmed Mbarak

3rd Respondent

The Commissioner for Lands

4th Respondent

The Tanzania Building Agency

5th Respondent

The Attorney General

6th Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal to the Court of Appeal should be granted
  2. 2 Whether the High Court has jurisdiction over administrative actions of the Commissioner for Lands
  3. 3 Whether the application raises arguable grounds for appeal

Ratio Decidendi

The application did not reveal contentious or disturbing issues nor raise grounds of general importance or a prima facie arguable appeal; therefore, leave to appeal was not warranted.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Costs awarded to respondents