20150715 TZCA Dar es Salaam

20150715 TZCA Dar es Salaam

The Court of Appeal lacks jurisdiction to grant extension of time and leave to appeal in land matters originating from the High Court under the Land Courts Act; such applications must be made to the High Court. The applicant's reliance on section 5(1)(c) of the Appellate Jurisdiction Act was misconceived.

Citation
20150715 TZCA Dar es Salaam
Parties
Applicant: Nuru Omary Ligalwike; Respondent: Kipwele E.O. Ndunguru
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 July 2015
Procedural Posture
Application for Extension of Time and Leave to Appeal / Ruling on Application
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Leave to Appeal, Jurisdiction of Appellate Courts, Land Disputes
Source Language
English
Civil Procedure Land Law Appellate Practice Extension of Time Leave to Appeal Jurisdiction of Appellate Courts Land Disputes

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Parties

Nuru Omary Ligalwike

Applicant

Kipwele E.O. Ndunguru

Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Ruling on Application

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to grant extension of time and leave to appeal in land matters originating from the High Court under the Land Courts Act
  2. 2 Whether the application should have been made to the High Court instead

Ratio Decidendi

The Court of Appeal lacks jurisdiction to grant extension of time and leave to appeal in land matters originating from the High Court under the Land Courts Act; such applications must be made to the High Court. The applicant's reliance on section 5(1)(c) of the Appellate Jurisdiction Act was misconceived.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs