| dc.description | MATHEW MLAY VERSUS RASHID MAJID KASENGA
COURT OF APPEAL OF TANZANIA
CIVIL APPLICATION NO. 354/17 OF 2020
(CORAM: MWARIJA. J.A.. KITUSL J. A. And MAKUNGU. J.A.)
[Application from the Proceedings, Ruling and Order of the High Court of Tanzania, Land Division at Dar es Salaam dated the 29th day of June, 2020 in Miscellaneous Land Application No. 573 of 2019]
Civil Procedure and Practice – Leave or Certificate on points of law when approaching the Court of Appeal – circumstances that require certificate on points of law
The applicant sought to invoke powers of revision under section 4 (3) of the Appellate Jurisdiction Act (the AJA) and rule 65(1), (2) and (c) of the Court of Appeal Rules, 2009 (the Rules). He mainly argues that the decision of the High Court (Makani, J.) in Miscellaneous Land Application No. 573 of 2019, denying him certification of points of law for determination by this Court, is faulty but he is barred from appealing against it, hence the resort to revision.
Held;
i. It is common ground that appeals that do not automatically lie to the Court, may only be preferred with leave or certificate on point of law.
ii. Certificate on a point of law becomes a requirement when a party intends appeal to the Court for the third time. That is, where the matter originates from the Primary Court a certificate on a point of law is a legal prerequisite under section 5 (2) (c) of the AJA.
Application struck out.
Laws used
i. section 4 (3) of the Appellate Jurisdiction Act (the AJA)
ii. Rule 65(1), (2) and (c) of the Court of Appeal Rules, 2009
Cases Laws
i. The Principal Secretary, Ministry of Defence and National Service v. Devram Valambhia [1992] T.L.R. 182,
ii. Lyamuya Construction Company Ltd v. The Board of Trustees of Young Women Christian Association of Tanzania, Civil Application No. 2 of 2010 (unreported).
iii. Tanzania Knitwear v. Shamsho Esmail [1989] T.L.R. 48
iv. Philemon Joseph Chacha & Others v. South African Airways (Prop) Ltd & Others [2002] TLR 246.
v. Mariam Abdallah v. Adolph Mwakanyuki, Miscellaneous Land Application No. 116 of 2021
vi. Sembeke
vii. Notira v. Ngitiri Meng'oru, Civil Appeal No. 9 of 1989 (unreported)
viii. Ndwaty Philemon Ole Saibull v. Solomon Ole Saibull [2000] T.L.R. 209
ix. Mariam Nyangasa v. Shaban Ally Sembe, Civil Appeal No. 17 of 2019 (unreported). [TZCA 294 (18 May 2022)]
x. Marco Kimiri & Another v. Naishoki Eliau Kimiri, Civil Appeal No. 39 of 2012 (unreported)
xi. Eustace Kubalyenda v. Venance Daud, Civil Appeal No. 70 of 2011 (unreported)
xii. The Executive Secretary Wakf and Trust Commission Mambomsiige Zanzibar v. Saide Salum Ambar [1991] TLR 198 at pg 200 | en_US |
