lala wino vs karatu district council 2019 tzca 46 1 april 2019

lala wino vs karatu district council 2019 tzca 46 1 april 2019

The amendment to section 47(1) of the Land Disputes Courts Act is procedural and applies retrospectively, removing the requirement for leave to appeal in land matters from the High Court's original jurisdiction, thus rendering the application for extension of time to seek leave moot.

Source-derived case information.

Citation
lala wino vs karatu district council 2019 tzca 46 1 april 2019
Parties
Applicant: Lala Wino; Respondent: Karatu District Council
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 April 2019
Procedural Posture
Civil Application / Application for Extension of Time to Apply for Leave to Appeal
Outcome
application struck out
Legal Topics
Extension of Time, Leave to Appeal, Retrospective Application of Procedural Law
Source Language
english
Civil Procedure Land Law Extension of Time Leave to Appeal Retrospective Application of Procedural Law

Source-derived case record

Summary, issues, holding and outcome

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Parties

Lala Wino

Applicant

Karatu District Council

Respondent

Procedural Posture

Civil Application / Application for Extension of Time to Apply for Leave to Appeal

Legal Issues

  1. 1 Whether the amendment to section 47(1) of the Land Disputes Courts Act applies retrospectively to pending applications for leave to appeal
  2. 2 Whether the applicant requires leave to appeal to the Court of Appeal after the amendment

Ratio Decidendi

The amendment to section 47(1) of the Land Disputes Courts Act is procedural and applies retrospectively, removing the requirement for leave to appeal in land matters from the High Court's original jurisdiction, thus rendering the application for extension of time to seek leave moot.

Court Disposition

application struck out

Orders

  • The application is struck out as overtaken by events due to the amendment of section 47(1) of Cap. 216.
  • No order as to costs.