fadhila mohamed gugu vs mohamed mashimu mpoto 2003 tzhc 37 23 may 2003
Leave of the High Court is mandatory for instituting civil proceedings in respect of unregistered land in a court other than the Primary Court. The applicant has satisfied the statutory requirement and is granted leave to file the suit in the District Court.
Source-derived case information.
- Citation
- fadhila mohamed gugu vs mohamed mashimu mpoto 2003 tzhc 37 23 may 2003
- Parties
- Applicant: Fabkila Mohamed Gugu; Respondent: Mohamed Mashamu Mpoto
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 23 May 2003
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Ex Parte Application for Leave
- Outcome
- Leave granted
- Legal Topics
- Leave to Institute Proceedings, Jurisdiction of Courts Over Land Matters, Unregistered Land, Trespass
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fabkila Mohamed Gugu
Applicant
Mohamed Mashamu Mpoto
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Ex Parte Application for Leave
Legal Issues
- 1 Whether leave should be granted to institute civil proceedings in respect of unregistered land in a court other than the Primary Court
Ratio Decidendi
Leave of the High Court is mandatory for instituting civil proceedings in respect of unregistered land in a court other than the Primary Court. The applicant has satisfied the statutory requirement and is granted leave to file the suit in the District Court.
Court Disposition
Leave granted
Orders
- Applicant is granted leave to file the intended suit in the District Court as prayed.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA 4T par ss salaam. MISC. CIVIL APPLICATION NO. 106 OF 2003 FABKILA M OH AM ED GUGU .ArPi-,-^;J.-Ti V E R S U S KOHAMED MASH AMU MPOTO ........ RULING SH 'iNGWA, J, This is « ex-parte application for leave to institute Civil Proc-ssdixigs in respect of an unregistered land in a court other than the Primary Court. It ic supported by affidavit of Slisa Abel M s u y a , an advocate for the High Cou,t of The land which is involved is located at Kim «amba Village within Dar es salaam Region, intended suit is for trespass on the applicant's land by one Mohamed j^shamu Mpoto* T h e applicant filed this application on 22nd April, 2003* He did so under 3.63 of the Magistrate's Courts Act, 190^ The proviso to this section provides inter-alia that ..i no Civil Proceedings in respect of immovable property, other than proceedings relating to land held on a Government lease or a right of Occupancy granted under the Land Ordinance, or proceedings Under S.22 or 23 of the Land Ordinance shall be eonn.en.3d in any court other than a Primary Court unless the Republic is a party thereto or unless the High Court gives leave fox sus^ proceedings to be conraeaced in some other court 0 As the intended suit isin respect or i ^ o v . b l e property in f o r * of acregistered land which is l o o t e d in t b e village a Kibamba ,nd leave of the High Court is m.nc^tory in. ord6, for tbe oU3,t to oe fiied in a court other tfc^n t h e Primary C O ^ i ' t a X ^ C J T ’ pl-H'iT — ^ _ i i - f» -^ e o y sr*nt leave to the* 0 ^ 1 ^ _, ^lic^i!, bo Ills- his suit xn th e D istrict-C T o u r t of* -mondcxax n-s prayed on his behalf b T Kr^ Slisar Abel Ksuya, Advocate. It ic GO V oided* Belifred l n , ^ ± ^ ^ d , y ^ K s y # ^ ^ ^ ireSen" °f ^ MSUy> ^ ^ « * w i c t *ttsbs Miss M - ffabe and Kiss I'hando, JUDGE 23/5/2003