20080815 TZCA Dar es salaam

20080815 TZCA Dar es salaam

The eviction order of 31st July, 2008 was interlocutory and did not finally determine the rights of the parties in the main suit. The order was improperly issued and is quashed, with proceedings to continue from the stage reached on 11th September, 2007.

Citation
20080815 TZCA Dar es salaam
Parties
Applicant: Tanzania Heart Institute; Respondent: The Board of Trustees of N.S.S.F
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 August 2008
Procedural Posture
Civil Application for Revision / Ruling on Preliminary Objection and Merits of Revision Application
Outcome
Application allowed. Eviction order and subsequent proceedings quashed and set aside. No order as to costs.
Legal Topics
Interlocutory Orders, Eviction, Revision Jurisdiction, Stay of Execution
Source Language
English
Civil Procedure Land Law Interlocutory Orders Eviction Revision Jurisdiction Stay of Execution

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Parties

Tanzania Heart Institute

Applicant

The Board of Trustees of N.S.S.F

Respondent

Procedural Posture

Civil Application for Revision / Ruling on Preliminary Objection and Merits of Revision Application

Legal Issues

  1. 1 Whether the eviction order of 31st July, 2008 was interlocutory or final
  2. 2 Whether the Court of Appeal has jurisdiction to revise interlocutory orders under section 5(2)(d) of the Appellate Jurisdiction Act
  3. 3 Whether the eviction order was properly issued in the course of pending main suit

Ratio Decidendi

The eviction order of 31st July, 2008 was interlocutory and did not finally determine the rights of the parties in the main suit. The order was improperly issued and is quashed, with proceedings to continue from the stage reached on 11th September, 2007.

Court Disposition

Application allowed. Eviction order and subsequent proceedings quashed and set aside. No order as to costs.

Orders

  • Eviction order of 31st July, 2008 quashed and set aside.
  • All proceedings after 11th September, 2007 quashed and set aside.