mathew mlay vs rashid majid kasenga 2022 tzca 524 31 august 2022

mathew mlay vs rashid majid kasenga 2022 tzca 524 31 august 2022

The application for a certificate on a point of law was misconceived because the decision subject to appeal was not from the Ward Tribunal but from the DLHT and High Court regarding extension of time. Therefore, leave to appeal was required, not a certificate on a point of law. Consequently, the application for revision was equally misconceived and was struck out.

Citation
mathew mlay vs rashid majid kasenga 2022 tzca 524 31 august 2022
Parties
Applicant: Mathew Mlay; Respondent: Rashid Majid Kasenga
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
31 August 2022
Procedural Posture
Civil Application / Ruling on Application for Revision
Outcome
Application struck out with costs
Legal Topics
Revision, Certificate on Point of Law, Leave to Appeal, Jurisdiction, Extension of Time
Source Language
English
Civil Procedure Land Law Revision Certificate on Point of Law Leave to Appeal Jurisdiction Extension of Time

Case Brief

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Parties

Mathew Mlay

Applicant

Rashid Majid Kasenga

Respondent

Procedural Posture

Civil Application / Ruling on Application for Revision

Legal Issues

  1. 1 Whether the applicant was entitled to seek a certificate on a point of law for appeal to the Court of Appeal
  2. 2 Whether the application for revision was properly before the Court

Ratio Decidendi

The application for a certificate on a point of law was misconceived because the decision subject to appeal was not from the Ward Tribunal but from the DLHT and High Court regarding extension of time. Therefore, leave to appeal was required, not a certificate on a point of law. Consequently, the application for revision was equally misconceived and was struck out.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs