20140218 TZCA Dar es Salaam

20140218 TZCA Dar es Salaam

The application is incompetent because the High Court did not refuse leave to appeal on merits but struck out the application for incompetence; therefore, the applicant must first seek leave to appeal out of time in the High Court before approaching the Court of Appeal.

Citation
20140218 TZCA Dar es Salaam
Parties
Applicant: John Kiondo; Respondent: Sarai Mbwana
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 February 2014
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Application for Leave to Appeal
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Leave to Appeal, Incompetent Application, Land Disputes Act
Source Language
English
Civil Procedure Land Law Extension of Time Leave to Appeal Incompetent Application Land Disputes Act

Case Brief

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Parties

John Kiondo

Applicant

Sarai Mbwana

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to extension of time to file application for leave to appeal to the Court of Appeal out of time
  2. 2 Whether the application is properly before the Court of Appeal

Ratio Decidendi

The application is incompetent because the High Court did not refuse leave to appeal on merits but struck out the application for incompetence; therefore, the applicant must first seek leave to appeal out of time in the High Court before approaching the Court of Appeal.

Court Disposition

Application struck out with costs

Orders

  • Application struck out with costs