franklin frederick sumaye vs authorised land officer kinondoni municipal council and others 2020 tzhc 259 20 february 2020

franklin frederick sumaye vs authorised land officer kinondoni municipal council and others 2020 tzhc 259 20 february 2020

The application for leave to appeal is granted because the applicant demonstrated arguable points of law for determination by the Court of Appeal, and the respondent's opposition did not sufficiently refute the existence of such points.

Citation
franklin frederick sumaye vs authorised land officer kinondoni municipal council and others 2020 tzhc 259 20 february 2020
Parties
Applicant: Franklin Frederick Sumaye; 1st Respondent: Authorised Land Officer, Kinondoni Municipal Council; 2nd Respondent: Ministry of Lands, Housing and Human Settlement; 3rd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 February 2020
Procedural Posture
Misc. Civil Application / Ruling on Application for Leave to Appeal to the Court of Appeal
Outcome
Application for leave to appeal granted
Legal Topics
Leave to Appeal, Prerogative Orders, Limitation of Actions, Extension of Time
Source Language
English
Civil Procedure Administrative Law Leave to Appeal Prerogative Orders Limitation of Actions Extension of Time

Case Brief

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Parties

Franklin Frederick Sumaye

Applicant

Authorised Land Officer, Kinondoni Municipal Council

1st Respondent

Ministry of Lands, Housing and Human Settlement

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Misc. Civil Application / Ruling on Application for Leave to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether the Law of Limitation Act, Cap. 89 R.E 2002 exclusion provisions apply to applications for prerogative orders
  2. 2 Whether section 93 of the Civil Procedure Code Cap. 33 R.E 2002 applies to extension of time for prerogative orders
  3. 3 Whether exclusion of certain periods under the Law of Limitation Act is an automatic right

Ratio Decidendi

The application for leave to appeal is granted because the applicant demonstrated arguable points of law for determination by the Court of Appeal, and the respondent's opposition did not sufficiently refute the existence of such points.

Court Disposition

Application for leave to appeal granted

Orders

  • Leave to appeal to the Court of Appeal is granted
  • Costs shall follow events