vitus kilapi vs batista kilapi 2024 tzhc 379 22 february 2024
The application for leave is untenable because the law has been amended to remove the requirement for leave to appeal to the Court of Appeal from decisions of the High Court in its original, appellate, or revisional jurisdiction.
- Citation
- vitus kilapi vs batista kilapi 2024 tzhc 379 22 february 2024
- Parties
- Applicant: Vitus Kilapi; Respondent: Batista Kilapi
- 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, Jurisdiction of Court of Appeal
- Source Language
- English
Case Brief
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Parties
Vitus Kilapi
Applicant
Batista Kilapi
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Leave to Appeal
Legal Issues
- 1 Whether leave of the High Court is required to appeal to the Court of Appeal following the amendment of section 5 of the Appellate Jurisdiction Act
Ratio Decidendi
The application for leave is untenable because the law has been amended to remove the requirement for leave to appeal to the Court of Appeal from decisions of the High Court in its original, appellate, or revisional jurisdiction.
Court Disposition
Application struck out
Orders
- The application is struck out with no order as to costs.
- Any aggrieved party is at liberty to proceed to the Court of Appeal if they so wish.
Full Case Text
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