Awiniel Mtui and 3 Others versus Stanley Ephata Kimambo

Awiniel Mtui and 3 Others versus Stanley Ephata Kimambo; Civil Application No. 19 of 2014: Court of Appeal of Tanzania at Arusha (Unreported).

• Court of Appeal Rules.

• Leave to appeal – whether the High Court has jurisdiction to entertain an application for leave to appeal after notice of appeal has been filed.
• Notice of appeal – whether the High Court has jurisdiction to entertain an application for stay of execution after notice of appeal has been filed.

Held:-

(i) Jurisdiction of the High Court to hear and determine applications for leave to appeal is not ousted by the event of desirous applicant lodging a notice of appeal.

(ii) Once a notice of appeal is filed under Rule 76 of the Court of Appeal Rules, 2009, then the Court of Appeal of Tanzania is seized of the matter in exclusion of the High Court except for applications specifically provided for, such as leave to appeal or provision of a certificate of point of law.