Automated Summary
Key Facts
The case involves a land ownership dispute between ABDI RAHMANI MOHAMUD DARMA (Applicant) and HERSI WARSAMA MOHAMED (Respondent) over Plot Nos. 442,444,445,447,448,449 Block 'E' in Kahama Municipal. The Respondent initially won in the Shinyanga District Land and Housing Tribunal (Land Application No. 123 of 2008). The Applicant appealed to the High Court (Land Appeal No. 03 of 2018), which dismissed the appeal as time-barred on 25 January 2018. The Applicant now seeks leave to appeal to the Court of Appeal, arguing the High Court failed to consider a letter requesting certified copies of the judgment, which were ready for collection on 28 December 2017.
Issues
- Whether the High Court erred in dismissing the appeal when the certified copies of the judgment and decree were ready for collection on 28th December 2017, and the applicant asserts there was no evidence they were available before that date.
- Whether the High Court was justified for not excluding the time the applicant waited to receive certified copies of the judgment and decree from the trial tribunal, which the applicant argues delayed their ability to file an appeal within the prescribed time.
- Whether the High Court in appeal was justified in dismissing the application for being time-barred under the law of limitation, as the applicant claimed they had timely requested certified copies of the judgment and decree for appeal purposes.
Holdings
The court granted leave to appeal, determining that the previous dismissal based on the law of limitation was not justified, as the applicant had timely applied for certified copies of the judgment.
Remedies
The court allows the application for leave to appeal, granting the applicant permission to appeal against the decision in Land Appeal No 3 of 2018 to the Court of Appeal. No order is made regarding costs.
Legal Principles
The court applied the law of limitation regarding the time-barred appeal and considered whether the High Court's dismissal was justified under legal principles. It emphasized that leave to appeal to the Court of Appeal is granted only when the decision raises legal points or novel issues worth consideration, requiring full hearing of the alleged issues.
Precedent Name
- Hamisi Mdida & Saidi Mbogo Vs. The Registered Trustee of Islamic Foundation
- RegisteredTrustees of Marian Faith Healing Center & Wanamaombi vs Registered of Trustee Catholic Church Sumbawanga Dioceses
Cited Statute
- Limitation Act
- Land Disputes Courts Act
Judge Name
MKWIZU
Passage Text
- I on the above reason, allow the application. Leave to appeal to the Court of Appeal against the decision in Land Appeal No 3 of 2018 is granted. With no order as to costs.
- It is on the records that the Judgment in Land Application No. 123 of 2008 was delivered on 07th December, 2017. Page 18 indicate that it was certified on 28th December, 2018 and the dismissed appeal was filed on 25th January, 2018. The complaint is that appellate judge failed to consider the fact that applicant had within time applied for the copies of the certified copies.
- Having analyzed the partis submissions, the dismissal order in Land appeal No 3 of 2018 vis -a- vis the intended grounds of appeal. I find that, applicants application is tenable. However, the three grounds revolve on only one ground whether the High court was justified to dismiss the appeal for being time barred under the law of limitation Act.