MARIA FUMBUKA VS IKUMBO MAHAMBALI LAND APPLICATION NO
The application is redundant due to the change in law and would have been dismissed for want of prosecution regardless.
Source-derived case information.
- Citation
- MARIA FUMBUKA VS IKUMBO MAHAMBALI LAND APPLICATION NO
- Parties
- Applicant: Maria Fumbuka; Respondent: Ikumbo Manambali
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2023
- Procedural Posture
- Miscellaneous Land Application / Ruling
- Outcome
- Application struck out with costs
- Legal Topics
- Leave to Appeal, Appellate Jurisdiction, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maria Fumbuka
Applicant
Ikumbo Manambali
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling
Legal Issues
- 1 Whether leave of the High Court is required for appeals on land matters to the Court of Appeal after the 2023 amendment
- 2 Whether the application should be dismissed for want of prosecution
Ratio Decidendi
The application is redundant due to the change in law and would have been dismissed for want of prosecution regardless.
Court Disposition
Application struck out with costs
Orders
- Application struck out
- Costs awarded to respondent
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (IN THE SUB-REGISTRY OF SHINYANGA) AT SHINYANGA MISC. LAND APPLICATION NO. 71 OF 2023 (Originating from High Court of Tanzania At Shinyanga in Land Case Appeal No. 37/2021) MARIA FUMBUKA…………………………………………...APPLICANT VERSUS IKUMBO MANAMBALI ………………………………… RESPONDENT RULING 13th February, 2024 N.L. MWAKAHESYA, J.: Indeed, the requirement of leave of the High Court longer necessary for appeals on land matters to the Court of Appeal this is due to the charges amendments brought about by the legal laws (Misc. Amendment) Act, 2023 which amended s.5(1) of the Appellate Jurisdiction Act. However, I am also aware that the applicant since filling the application has not bothered to make a follow up of the matter in court. Hence regardless of the change in law making this application redundant. I would have proceeded to dismiss it for want for prosecution. Therefore, this application is struck out with costs. N.L.Mwakahesya Judge 13/02/2024