mindi mhiwa vs jinyama suluba and another 2024 tzhc 191 7 february 2024

mindi mhiwa vs jinyama suluba and another 2024 tzhc 191 7 february 2024

Due to the amendment to section 47 of the Land Disputes Court Act, leave to appeal is no longer required for appeals from the High Court to the Court of Appeal, rendering the application for extension of time to seek leave moot and incompetent.

Citation
mindi mhiwa vs jinyama suluba and another 2024 tzhc 191 7 february 2024
Parties
Applicant: Mindi Mhiwa; 1st Respondent: Jinyama Suluba; 2nd Respondent: Dilu Suluba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 February 2024
Procedural Posture
Land Application / Ruling on Preliminary Objection and Extension of Time
Outcome
Application struck out as overtaken by events; no costs awarded.
Legal Topics
Extension of Time, Leave to Appeal, Jurisdiction, Amendment of Procedural Law
Source Language
English
Civil Procedure Land Law Extension of Time Leave to Appeal Jurisdiction Amendment of Procedural Law

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Parties

Mindi Mhiwa

Applicant

Jinyama Suluba

1st Respondent

Dilu Suluba

2nd Respondent

Procedural Posture

Land Application / Ruling on Preliminary Objection and Extension of Time

Legal Issues

  1. 1 Whether the application for extension of time to seek leave to appeal is competent given the cited legal provisions
  2. 2 Whether leave to appeal is still required after the recent amendment to section 47 of the Land Disputes Court Act

Ratio Decidendi

Due to the amendment to section 47 of the Land Disputes Court Act, leave to appeal is no longer required for appeals from the High Court to the Court of Appeal, rendering the application for extension of time to seek leave moot and incompetent.

Court Disposition

Application struck out as overtaken by events; no costs awarded.

Orders

  • Application struck out
  • No costs awarded