20180217 TZCA Tabora

20180217 TZCA Tabora

The Court held that section 47(1) of the Land Disputes Courts Act vests exclusive jurisdiction in the High Court for leave to appeal in land matters, and there is no remedy for a second bite under section 5(1)(c) of the Appellate Jurisdiction Act. The application for leave to appeal to the Court of Appeal is incompetent and must be struck out.

Citation
20180217 TZCA Tabora
Parties
Applicant: Yusuf Juma Risasi; Respondent: Anderson Julius Bicha
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 February 2018
Procedural Posture
Civil Application / Ruling on Application for Leave to Appeal
Outcome
Application struck out as incompetent
Legal Topics
Leave to Appeal, Jurisdiction, Statutory Interpretation
Source Language
English
Civil Procedure Land Law Appellate Practice Leave to Appeal Jurisdiction Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Yusuf Juma Risasi

Applicant

Anderson Julius Bicha

Respondent

Procedural Posture

Civil Application / Ruling on Application for Leave to Appeal

Legal Issues

  1. 1 Whether section 47(1) of Cap 216 curtails the right of appeal on land matters to the Court of Appeal
  2. 2 Whether leave refused by the High Court under section 47(1) of Cap 216 can be remedied by seeking a second bite to the Court under section 5(1)(c) of the Appellate Jurisdiction Act
  3. 3 Whether the application for leave is competent

Ratio Decidendi

The Court held that section 47(1) of the Land Disputes Courts Act vests exclusive jurisdiction in the High Court for leave to appeal in land matters, and there is no remedy for a second bite under section 5(1)(c) of the Appellate Jurisdiction Act. The application for leave to appeal to the Court of Appeal is incompetent and must be struck out.

Court Disposition

Application struck out as incompetent

Orders

  • Application for leave to appeal is struck out