The applicant was dissatisfied by the decision of the High Court in Land Appeal No. 19 of 2006. He then filed an application by way of a Notice of Motion, for extension of time to file his appeal under rules 45(b) and 49(1) and 3 of the Tanzania Court of Appeal Rules, 2009 (the Rules). Respondents filed a notice of preliminary objection that the application was made under the wrong provisions. He also argued that under section 47(1) of the Land Disputes Courts Act, the exclusive jurisdiction to grant leave to appeal is in the High Court and the Court, therefore, lacked jurisdiction to entertain the application.

