Village Chairman of Igembya Village versus Bundala Maganga

Village Chairman of Igembya Village versus Bundala Maganga; Civil Application No 5 of 2014: Court of Appeal of Tanzania at Tabora (Unreported).

• Court of Appeal Rules

• Applications – An application preferred under section 4(2) of the Appellate Jurisdiction Act and Rule 65 of the Court of Appeal Rules, 2009 -whether proper.

Held:-

(i) To move the Court of Appeal in an application, a party has to take out a notice of motion supported by an affidavit as laid down in Rule 48 of the Court of Appeal Rules 2009.

(ii) An incompetent application is similar to a non-existing application.