petro robert myavilwa vs zera myavilwa another 2023 tzca 17997 13 december 2023

petro robert myavilwa vs zera myavilwa another 2023 tzca 17997 13 december 2023

The application for extension of time to apply for leave to appeal is rendered redundant by the amendment to section 5 of the Appellate Jurisdiction Act, which abolishes the requirement for leave to appeal to the Court of Appeal in civil matters. The application is therefore struck out as overtaken by events.

Citation
petro robert myavilwa vs zera myavilwa another 2023 tzca 17997 13 december 2023
Parties
Applicant: Petro Robert Myavilwa; 1st Respondent: Zera Myavilwa; 2nd Respondent: Erica Myavilwa
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 December 2023
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Apply for Leave to Appeal
Outcome
Application struck out
Legal Topics
Extension of Time, Leave to Appeal, Certificate on Point of Law, Appellate Procedure, Probate Administration
Source Language
English
Civil Procedure Probate Extension of Time Leave to Appeal Certificate on Point of Law Appellate Procedure Probate Administration

Case Brief

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Parties

Petro Robert Myavilwa

Applicant

Zera Myavilwa

1st Respondent

Erica Myavilwa

2nd Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to Apply for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant requires leave to appeal to the Court of Appeal following amendments to section 5 of the Appellate Jurisdiction Act
  2. 2 Whether the application for extension of time to apply for leave is tenable given the origin of the matter in the Primary Court and the current legal requirements

Ratio Decidendi

The application for extension of time to apply for leave to appeal is rendered redundant by the amendment to section 5 of the Appellate Jurisdiction Act, which abolishes the requirement for leave to appeal to the Court of Appeal in civil matters. The application is therefore struck out as overtaken by events.

Court Disposition

Application struck out

Orders

  • The application for extension of time to apply for leave to appeal is struck out.
  • No order as to costs.