yusuph kahoki vs gelson kitomo 2020 tzhclandd 3894 11 december 2020

yusuph kahoki vs gelson kitomo 2020 tzhclandd 3894 11 december 2020

The application is incompetent because the court had already granted extension of time to lodge a notice of appeal in respect of the same decision, and leave to appeal is not required for a second appeal; a certificate on points of law is required instead.

Citation
yusuph kahoki vs gelson kitomo 2020 tzhclandd 3894 11 december 2020
Parties
Applicant: Yusuph Kahoki; Respondent: Gelson Kitomo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
11 December 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application struck out
Legal Topics
Extension of Time, Leave to Appeal, Notice of Appeal, Certificate on Points of Law
Source Language
English
Civil Procedure Land Law Appellate Procedure Extension of Time Leave to Appeal Notice of Appeal Certificate on Points of Law

Case Brief

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Parties

Yusuph Kahoki

Applicant

Gelson Kitomo

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant is entitled to extension of time to issue a notice of appeal
  2. 2 Whether the applicant is entitled to extension of time to apply for leave to appeal to the Court of Appeal

Ratio Decidendi

The application is incompetent because the court had already granted extension of time to lodge a notice of appeal in respect of the same decision, and leave to appeal is not required for a second appeal; a certificate on points of law is required instead.

Court Disposition

Application struck out

Orders

  • Application struck out
  • No order as to costs