venance sililo kapele vs john lucas msanganzila another 2024 tzhc 395 22 february 2024
The requirement for leave to appeal to the Court of Appeal from the High Court has been abolished by recent statutory amendment, which applies retrospectively to all pending and future actions; therefore, the application for leave is unnecessary and must be struck out.
- Citation
- venance sililo kapele vs john lucas msanganzila another 2024 tzhc 395 22 february 2024
- Parties
- Applicant: Venance Sililo Kapele; 1st Respondent: John Lucas Msangazila; 2nd Respondent: Jumajegi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 22 February 2024
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Leave to Appeal
- Outcome
- Application struck out
- Legal Topics
- Leave to Appeal, Retrospective Application of Procedural Law, Appellate Jurisdiction
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Venance Sililo Kapele
Applicant
John Lucas Msangazila
1st Respondent
Jumajegi
2nd Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Leave to Appeal
Legal Issues
- 1 Whether leave to appeal to the Court of Appeal is required after the amendment to the Appellate Jurisdiction Act
Ratio Decidendi
The requirement for leave to appeal to the Court of Appeal from the High Court has been abolished by recent statutory amendment, which applies retrospectively to all pending and future actions; therefore, the application for leave is unnecessary and must be struck out.
Court Disposition
Application struck out
Orders
- Application is struck out with no order as to costs
Full Case Text
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