This is an appeal lodged by the Appellant. The Appellant is aggrieved by the decision of the High Court of Tanzania (Arusha Registry) where his claim of a piece of land against the Respondent was dismissed. The said suit was lodged by way of a plaint. Following the dismissal, the Appellant filed a Notice of Appeal and applied for the supply of the proceedings, judgment and decree which he was supplied hence, this appeal.
When the appeal was called on for hearing, the Court wished first to satisfy itself from the parties as to whether or not the appeal before the Court was competent. The question was raised because the record of appeal did not contain leave of the High Court as is mandated by section 70 (1) of the Land Dispute Courts Act [Cap 216 R.E. 2002] (the Act). The dispute centred on land.