honourable attorney general vs mees estate co ltd 2018 tzhclandd 435 20 july 2018
Leave to file notice of appeal and leave to appeal out of time is granted due to the involvement of public funds and the necessity of the right to be heard.
Source-derived case information.
- Citation
- honourable attorney general vs mees estate co ltd 2018 tzhclandd 435 20 july 2018
- Parties
- Applicant: The Honourable Attorney General; Respondent: Mees Estates Company Ltd
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 20 July 2018
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Leave to File Notice of Appeal and Leave to Appeal Out of Time
- Outcome
- Application granted
- Legal Topics
- Leave to Appeal, Extension of Time, Public Funds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Honourable Attorney General
Applicant
Mees Estates Company Ltd
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Leave to File Notice of Appeal and Leave to Appeal Out of Time
Legal Issues
- 1 Whether leave to file notice of appeal and leave to appeal out of time should be granted
Ratio Decidendi
Leave to file notice of appeal and leave to appeal out of time is granted due to the involvement of public funds and the necessity of the right to be heard.
Court Disposition
Application granted
Orders
- Leave to file notice of appeal granted; to be filed within 14 days from the date of decision.
- Leave to appeal to the Court of Appeal out of time granted; to be filed within 14 days from the date of decision.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM MISC LAND APPLICATION NO. 516 OF 2016 (Original Land Case No. 314 of 2010 H/C Land Division) THE HONOURABLE ATTORNEY GENERAL.................... APPLICANT VERSUS MEES ESTATES COMPANY LTD................................. RESPONDENT RULING 06/06/2018 & 20/7/2018 MZUNA, J.: The above mentioned applicant has filed this application for leave to file notice of appeal and application for leave to appeal out of time under section 47 (1) of the Land Disputes Courts Act, Cap 216 RE 2002, Section 11 (1) of the Appellate Jurisdiction Act, Cap 141 RE 2002 and Order XL111, Rule 2 of the Civil Procedure Code, Cap 33 RE 2002. There is also an affidavit sworn by Hangi Chang'a in support thereof. Hearing of the application proceeded ex parte. Arguing in support of the application, Ms. Lubuva, the learned Senior State Attorney said that i application on 29/6/2016. Nothing has been said on the period between 15th January 2016 to 29th June 2016. However from the nature of this case where it is said there is public money involved of about Tshs 900,000,000/- (see para 6 and 10 of the affidavit) there is need to have a right to be heard. I hereby grant leave to file notice of appeal as prayed for. The same to be filed within 14 days from the date of this decision. Within that same time, they should also file leave to appeal to the Court of Appeal out of time. Application is hereby granted with no order for costs. 3 20/ 07/2018 Coram: Hon. N. R. Mwaseba DR For applicant: absent For respondent: absent RMA: Mhagama COURT: Ruling delivered in the absence of both parties. N. R. Mwaseba DEPUTY REGISTRAR 20/ 07/2018