fadhila mohamed gugu vs mohamed mashamu mpoto 2003 tzhc 112 23 may 2003
Leave of the High Court is mandatory for instituting proceedings in respect of unregistered land in a court other than the Primary Court; the applicant has satisfied the requirements and is granted leave.
Source-derived case information.
- Citation
- fadhila mohamed gugu vs mohamed mashamu mpoto 2003 tzhc 112 23 may 2003
- Parties
- Applicant: Fadhila 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 to Institute Civil Proceedings
- Outcome
- Leave granted
- Legal Topics
- Leave to Institute Proceedings, Jurisdiction Over Unregistered Land, Trespass
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fadhila Mohamed Gugu
Applicant
Mohamed Mashamu Mpoto
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Ex Parte Application for Leave to Institute Civil Proceedings
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 proceedings in respect of unregistered land in a court other than the Primary Court; the applicant has satisfied the requirements and is granted leave.
Court Disposition
Leave granted
Orders
- Applicant granted leave to file suit in the District Court of Kinondoni
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA at par es salaam MISC. CIVIL APPLICATION NO. 106 OF 2003 FADHILA MOHAMED GUGU *......... AFPLIC/iTT V E R S U S MOH/'xMED MASH AMU MPOTO ...... REGFOND-UTT RULING SH \N GWA f yT, This is an ex-parte application for leave to institute Civil Pro^edijigs in respect of an unregistered land in a court other than the Pritnary Court* It is supported by affidavit of Elisa Abel Msuya, an advocate for the H i g h Cou^|t of Tanzania| The land which is involved is located at Kim »amba Village within Bar es salaam Region. The intended suit is fot* trespass ot> the applicant1 s land by one Mohamed M us ham u MpotO^ The applicant fil&d this application on 22nd A p r i l f 2003# He did so under 5,63 of the M a g i s t r a t e ’s Courts Act, 193*1- The proviso "to tbie section. p*“avixi«s irxter~alia that » tf 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 Lnnd Ordinance or proceedings U nd e r S . 22 or 23 of the Land Ordinance shall be Qommen^ed in any court other than a Primary Court unless the Republic is a party thereto or unless the High Court give-s- leave smjh proceedings to be commenced in some other oourtj As the intended suit is in respect of immovable property in form -of unregistered land which is located in the village at Kibamba and leave of the High Court is manda tor}' in orde» for the suit to be filed in a court other than the Frimayy Cou^t, I hereby grant leave to the applicant to file his suit in the District Court of Kinondoni as prayed on bis behalf b y Mry Elisa Abel Ksuya, Advocate* It is so decided* Delivered in o-ourt this 2 3 rd day of Hay, 200 3 in the presence of Ilr^ I-lsuya, &»A AcJvooate an-d his -assistants Miss Mugabe and I-.'iss Khando* 23 200 3