grace fredrick mwakapiki vs jackline fredrick mwakapiki another 2022 tzca 64 24 february 2022

Failure to attach the order of the High Court refusing leave, as required by Rule 49(3), is a fatal procedural defect that renders the application incompetent.

Citation: grace fredrick mwakapiki vs jackline fredrick mwakapiki another 2022 tzca 64 24 february 2022
Parties: Applicant: Grace Fredrick Mwakapiki; 1st Respondent: Jackline Fredrick Mwakapiki; 2nd Respondent: Asifiwe Fredrick Mwakapiki [Administrator of the Estate of the Late Agatha Fredrick Mwakapiki]
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 24 February 2022
Procedural Posture: Civil Application / Application for Leave to Appeal to the Court of Appeal
Outcome: application struck out with costs
Legal Topics: Leave to Appeal, Procedural Compliance, Attachment of Documents, Land Ownership Dispute
Source Language: English

Civil Procedure Land Law Leave to Appeal Procedural Compliance Attachment of Documents Land Ownership Dispute

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Parties

Grace Fredrick Mwakapiki

Applicant

Jackline Fredrick Mwakapiki

1st Respondent

Asifiwe Fredrick Mwakapiki [Administrator of the Estate of the Late Agatha Fredrick Mwakapiki]

2nd Respondent

Procedural Posture

Civil Application / Application for Leave to Appeal to the Court of Appeal

Legal Issues

1 Whether failure to attach the order of the High Court refusing leave renders the application incompetent under Rule 49(3) of the Tanzania Court of Appeal Rules 2009

Ratio Decidendi

Failure to attach the order of the High Court refusing leave, as required by Rule 49(3), is a fatal procedural defect that renders the application incompetent.

Court Disposition

application struck out with costs

Orders

The application is struck out with costs.