20171127 TZCA Dar es Salaam

20171127 TZCA Dar es Salaam

The Court of Appeal has no jurisdiction to entertain an application for extension of time to apply for leave to appeal in land matters after the High Court has denied leave, as jurisdiction is exclusively vested in the High Court by section 47(1) of the Land Disputes Courts Act.

Citation
20171127 TZCA Dar es Salaam
Parties
Applicant: Paulina Thomas; 1st Respondent: Prosper John Mutayoba; 2nd Respondent: Francis Gratian
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 November 2017
Procedural Posture
Civil Application / Ruling on Preliminary Objection Regarding Jurisdiction
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Leave to Appeal, Jurisdiction, Land Disputes Courts Act
Source Language
English
Civil Procedure Land Law Appellate Jurisdiction Extension of Time Leave to Appeal Jurisdiction Land Disputes Courts Act

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Parties

Paulina Thomas

Applicant

Prosper John Mutayoba

1st Respondent

Francis Gratian

2nd Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection Regarding Jurisdiction

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to entertain an application for extension of time to apply for leave to appeal in land matters after the High Court has denied leave

Ratio Decidendi

The Court of Appeal has no jurisdiction to entertain an application for extension of time to apply for leave to appeal in land matters after the High Court has denied leave, as jurisdiction is exclusively vested in the High Court by section 47(1) of the Land Disputes Courts Act.

Court Disposition

Application struck out with costs

Orders

  • The preliminary objection is sustained
  • The application is struck out with costs