20081024 TZHC Mwanza

20081024 TZHC Mwanza

The appeal was dismissed because the order appealed from was interlocutory and not appealable, and the application before the trial court was not filed in the manner prescribed by law, making the trial court's decision to strike it out correct.

Citation
20081024 TZHC Mwanza
Parties
Appellant: Tito Lumashi; Respondent: Shafik Meral; Respondent: Audax Mulokozi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 October 2008
Procedural Posture
Miscellaneous Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Appealability of Interlocutory Orders, Proper Form of Applications, Preliminary Objections
Source Language
English
Civil Procedure Appealability of Interlocutory Orders Proper Form of Applications Preliminary Objections

Case Brief

Summary, issues, holding and outcome

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Parties

Tito Lumashi

Appellant

Shafik Meral

Respondent

Audax Mulokozi

Respondent

Procedural Posture

Miscellaneous Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the order striking out the application is appealable
  2. 2 Whether the application was properly filed according to procedural law

Ratio Decidendi

The appeal was dismissed because the order appealed from was interlocutory and not appealable, and the application before the trial court was not filed in the manner prescribed by law, making the trial court's decision to strike it out correct.

Court Disposition

Appeal dismissed

Orders

  • Main suit to proceed to its finality as scheduled
  • No order as to costs