hassani a shawa another vs jackson ndesingo others 2016 tzca 621 26 july 2016
The appeal was incompetent because the application for leave to appeal was filed out of time and under the wrong legal provision, rendering both the leave and the appeal invalid.
- Citation
- hassani a shawa another vs jackson ndesingo others 2016 tzca 621 26 july 2016
- Parties
- Appellant: Hassani A. Shawa; Appellant: John Ntingwa; Respondent: Jackson Ndesingo; Respondent: Jeremiah Jackson L; Respondent: Elias Vehael
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 26 July 2016
- Procedural Posture
- Civil Appeal / Striking Out for Incompetence
- Outcome
- appeal struck out as incompetent
- Legal Topics
- Leave to Appeal, Limitation Period, Jurisdiction, Procedural Defects
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Hassani A. Shawa
Appellant
John Ntingwa
Appellant
Jackson Ndesingo
Respondent
Jeremiah Jackson L
Respondent
Elias Vehael
Respondent
Procedural Posture
Civil Appeal / Striking Out for Incompetence
Legal Issues
- 1 Whether the application for leave to appeal was lodged within the prescribed time
- 2 Whether the application for leave was made under the correct legal provision
- 3 Whether the appeal is competent in the absence of valid leave
Ratio Decidendi
The appeal was incompetent because the application for leave to appeal was filed out of time and under the wrong legal provision, rendering both the leave and the appeal invalid.
Court Disposition
appeal struck out as incompetent
Orders
- Proceedings in Misc. Land Case Application No. 4 of 2013 nullified and struck out
- Appeal struck out for want of competent leave
Full Case Text
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