This was an application in which the Applicant sought leave to appeal to the Court of Appeal against the Revision Order of this court dated 1st June, 2011. The said ruling had dismissed the Applicant’s application to call for revision the record of the Kinondoni District Land and Housing Tribunal in Application No. 290 of 2008. This court found that there was no error on the record and thus ordered that the record be returned to the Tribunal to proceed with the hearing of this case.
The application has been made under rules 43 and 44 of the Court of Appeal Rules, 1979, section 5 (1) (b) and (c) of the Appellate Jurisdiction Act, 1979 and any other enabling provisions of the law. The Applicant submitted, that this court erred in law to rule that the matter should proceed for hearing in the District Land and Housing Tribunal as the value of the house in dispute was Tshs. 82,000,000/= which was above the pecuniary limit of jurisdiction of the District Land and Housing Tribunal. Further the disputed house stood on a registered plot thus an affidavit obtained from the Manzese Primary Court offended the provisions of section 18 (1) (a) of the Magistrates Courts Act, Cap 11 of the Laws of Tanzania. He also submitted that the intended appeal to the Court of Appeal of Tanzania had overwhelming chances of success.