Jerome Michael vesus Joshua Okanda; Civil Appeal No. 19 of 2014: Court of Appeal of Tanzania at Mwanza (Unreported).
- Court of Appeal Rules.
- Appeals – Appeals for land matters originating from the ward tribunal -mandatory to obtain leave and certificate of point of law.
- Certificate of point of law – The High Court refuses to grant certificate of point of law – whether appealable.
Held:-
(i) A person who wants to access the Court of Appeal for a third appeal for the land dispute which originated from the ward Tribunal is required to seek from the High Court (Land Division) two orders (a) The first one is an order seeking for leave to appeal (b) The second requirement the appellant has to comply with under section 47(2)(1) to get a certificate from the High court that a point or points of law are involved in the matter for the determination of the Court of Appeal.
(ii) An order from the High court refusing to certify whether an issue of the law is involved in the matter is not appealable to the Court of Appeal.
(iii) Although the Court of Appeal and High Court have concurrent jurisdiction in granting leave to appeal to the Court of Appeal, it is the High Court only that has been granted exclusive jurisdiction to certify to the Court of Appeal that a point or points of law is or are involved in the impugned decision or order.