idd miraji mrisho another vs godfrey bagenda 2018 tzca 555 23 february 2018

idd miraji mrisho another vs godfrey bagenda 2018 tzca 555 23 february 2018

The application was incompetent for being filed out of time and, in any event, the Court of Appeal lacks jurisdiction to entertain applications for leave to appeal in land matters, as such jurisdiction is exclusively vested in the High Court under section 47(1) of Cap. 216.

Citation
idd miraji mrisho another vs godfrey bagenda 2018 tzca 555 23 february 2018
Parties
Applicant: Idd Miraji Mrisho; Applicant: Asha Mohamed; Respondent: Godfrey Bagenda
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 February 2018
Procedural Posture
Civil Application / Application for Leave to Appeal
Outcome
application struck out
Legal Topics
Leave to Appeal, Jurisdiction, Extension of Time
Source Language
English
Civil Procedure Land Law Leave to Appeal Jurisdiction Extension of Time

Case Brief

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Parties

Idd Miraji Mrisho

Applicant

Asha Mohamed

Applicant

Godfrey Bagenda

Respondent

Procedural Posture

Civil Application / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the application was filed within the prescribed time
  2. 2 Whether the Court of Appeal has jurisdiction to entertain an application for leave to appeal in land matters

Ratio Decidendi

The application was incompetent for being filed out of time and, in any event, the Court of Appeal lacks jurisdiction to entertain applications for leave to appeal in land matters, as such jurisdiction is exclusively vested in the High Court under section 47(1) of Cap. 216.

Court Disposition

application struck out

Orders

  • application struck out for being filed out of time
  • no order as to costs