20171214 TZCA Arusha 1

20171214 TZCA Arusha 1

The appeal is incompetent because the leave to appeal was granted under the wrong statutory provision, rendering the leave invalid and the appeal unsustainable.

Citation
20171214 TZCA Arusha 1
Parties
Appellant: Elizabeth Losujaki; 1st Respondent: Agness Losujaki; 2nd Respondent: Justine John Leiyan
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 December 2017
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out
Legal Topics
Leave to Appeal, Jurisdiction, Land Disputes
Source Language
English
Civil Procedure Land Law Leave to Appeal Jurisdiction Land Disputes

Case Brief

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Parties

Elizabeth Losujaki

Appellant

Agness Losujaki

1st Respondent

Justine John Leiyan

2nd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is competent in the absence of valid leave to appeal granted under the correct statutory provision

Ratio Decidendi

The appeal is incompetent because the leave to appeal was granted under the wrong statutory provision, rendering the leave invalid and the appeal unsustainable.

Court Disposition

appeal struck out

Orders

  • The appeal is struck out for incompetence due to lack of valid leave to appeal.
  • Each party shall bear its own costs.