frown haule vs jackline kalesa 2024 tzhc 791 14 march 2024

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA

SUMBAWANGA DISTRICT REGISTRY

AT SUMBAWANGA MISC. LAND APPLICATION NO. 11 OF 2023 (From HC Probate and Administration Appeal No. 6 of 2017 in the High Court of Tanzania Sumbawanga Sub-Registry) FROWIN HAULE............................................................................. APPLICANT <*

VERSUS JACKLINE J. KALESA.................................................................. RESPONDENT 14/03/2024 & 14/03/2024

RULING MWENEMPAZI, J. In this application the applicants felt aggrieved by the judgement of the High Court (Hon. AJ. MAMBI, J.) delivered on the 27th August, 2018 in the Probate and Administration Appeal No. 6 of 2017. Hence, they filed this application for leave to appeal to the Court of Appeal. The application is made under section 5(1) (c) of the Appellate Jurisdiction Act, 1979 [Cap 141 R.E 2019]. The Parliament of the United Republic of Tanzania has recent/ enacted a law, Legal Sector Law (Miscellaneous Amendments) Act, No. 11 Of 2023 which came into effect on 1st December, 2023. Section 10 of the said i Act, amends section 5 of the Appellate jurisdiction Act, [Cap 141 R.E 2023], repeals section 5(1) by deleting it and substituting for it the following: - n(l) In civil proceedings except where any other written law provides otherwise, an appeal shall He to the court of appeaj against every order or decree, including an ex- parte or preliminary decree made by the High Court, in the exercise of its original, appellate or revisional jurisdiction". The changes featured in the quoted provision of law, have done away with the requirement of leave for one to appeal to the court of appeal against any decision of the high court, regardless of whether the impugned decision is an order, decree, and ex parte decree or a preliminary decree when exercising its original, appellate or

revisional jurisdiction. In other words, obtaining leave has ceased to be a requirement for one to appeal to the Court of Appeal of Tanzania effectively from 1st December, 2023. Since the changes have a bearing on procedure law, the applicability of changes has a retrospective effect as well. In case of Director of Public 2 Prosecution (DPP) Vs. Jackson Sifael Mtares (Criminal Appeal No. 2 of 2018) [2018] TZCA 393 (7 September 2018) it was held that: - "Procedural amendments to a law, in absence of anything contrary, are retrospective in the sense that they apply to all actions after the date they came into force even though the actions may have begun earlier or the claim on which the action may be based occurred on the anterior date". Under the circumstances, this application is overtaken by events and therefore the same is struct out of the registry. No order is issued as to costs. It is ordered accordingly. Dated and delivered at Sr.nbawanga this 14th March, 2024. T.M. MWENEMPAZI

JUDGE Ruling delivered this 14th March, 2024 in the presence of Mr. Frowin Haule the applicant herein named and Ms. Jackline J. Kalesa, the Responder/.;. T.M. MWENEMPAZI

JUDGE 14/03/223 3