joyce leonard vs alexander masumbuko joshua and another 2022 tzhc 15000 30 november 2022

Since the application originated from the High Court's original jurisdiction, leave to appeal is not required under section 47(1) of the Land Disputes Courts Act.

Citation: joyce leonard vs alexander masumbuko joshua and another 2022 tzhc 15000 30 november 2022
Parties: Applicant: Joyce Leonard; 1st Respondent: Alexander Masumbuko Joshua; 2nd Respondent: Deogratus Mwangoka
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 30 November 2022
Procedural Posture: Miscellaneous Land Application / Ruling on Application for Leave to Appeal
Outcome: Application struck out as misconceived and incompetent.
Legal Topics: Leave to Appeal, Original Jurisdiction, Extension of Time
Source Language: English

Civil Procedure Land Law Leave to Appeal Original Jurisdiction Extension of Time

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Joyce Leonard

Applicant

Alexander Masumbuko Joshua

1st Respondent

Deogratus Mwangoka

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Leave to Appeal

Legal Issues

1 Whether leave of the High Court is required to appeal to the Court of Appeal when the High Court exercised original jurisdiction

Ratio Decidendi

Since the application originated from the High Court's original jurisdiction, leave to appeal is not required under section 47(1) of the Land Disputes Courts Act.

Court Disposition

Application struck out as misconceived and incompetent.

Orders

Application struck out
No order as to costs