winford mlagha vs daniel paulo mwasile others 2022 tzca 642 19 october 2022

winford mlagha vs daniel paulo mwasile others 2022 tzca 642 19 october 2022

The application for second bite leave to appeal is competent and merited as the applicant raised prima facie grounds, including alleged illegalities and jurisdictional issues, which warrant serious judicial consideration.

Citation
winford mlagha vs daniel paulo mwasile others 2022 tzca 642 19 october 2022
Parties
Applicant: Winford Mlagha; 1st Respondent: Dinales Paulo Mwasile (Administratrix of the Estate of the late Paulo Mwasile); 2nd Respondent: Ruth Mlagha; 3rd Respondent: Mbeya City Council
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 October 2022
Procedural Posture
Civil Application (second Bite Leave to Appeal) / Ruling on Application for Leave to Appeal to the Court of Appeal After Refusal by High Court
Outcome
Application granted
Legal Topics
Leave to Appeal, Jurisdiction, Double Allocation of Land, Illegality in Proceedings
Source Language
English
Civil Procedure Land Law Leave to Appeal Jurisdiction Double Allocation of Land Illegality in Proceedings

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Parties

Winford Mlagha

Applicant

Dinales Paulo Mwasile (Administratrix of the Estate of the late Paulo Mwasile)

1st Respondent

Ruth Mlagha

2nd Respondent

Mbeya City Council

3rd Respondent

Procedural Posture

Civil Application (second Bite Leave to Appeal) / Ruling on Application for Leave to Appeal to the Court of Appeal After Refusal by High Court

Legal Issues

  1. 1 Whether a second bite application for leave to appeal is competent after High Court refusal in land matters
  2. 2 Whether the grounds raised by the applicant merit leave to appeal

Ratio Decidendi

The application for second bite leave to appeal is competent and merited as the applicant raised prima facie grounds, including alleged illegalities and jurisdictional issues, which warrant serious judicial consideration.

Court Disposition

Application granted

Orders

  • Leave to appeal to the Court of Appeal is granted to the applicant.
  • No order as to costs.