The Appellants were aggrieved by the judgment of the High Court, as a first appellate court, whereby their appeal against the decision of the Moshi District Land and Housing Tribunal was partly allowed. On 12th November, 2012, they duly lodged a notice of appeal to this Court. This being a land dispute matter, the decree therefrom was, in terms of section 47 (1) of the Land Disputes Courts Act [Cap 216 R.E. 2002] (“the Act”), appealable with leave of the High Court. Furthermore, as is mandatorily required under rule 45 (a) of the Tanzania Court of Appeal Rules, 2009 (“the Rules”), the application for leave ought to have been lodged in the first appellate court within fourteen days of the decision. The Appellants attempted to apply for leave to appeal and it was lodged on 8th February, 2013, and leave to appeal was granted on 17th February, 2015, hence this “appeal”.

