20101207 TZHC Arusha

20101207 TZHC Arusha

The order appealed from was interlocutory, as it did not finally determine the rights of the parties but merely overruled objections and allowed the application to proceed. Section 43 of the Magistrates Courts Act, as amended, prohibits appeals from such orders. Therefore, the appeal is incompetent.

Citation
20101207 TZHC Arusha
Parties
Appellant/respondent: Patrick Kagaruki; Appellant/respondent: Joseph Laizer; Respondent/objector: Arusha Municipal Council
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 December 2010
Procedural Posture
Miscellaneous Civil Appeal / Ruling on Preliminary Objection
Outcome
Preliminary objection sustained; appeal struck out as incompetent.
Legal Topics
Appeals, Interlocutory Orders, Functus Officio, Res Judicata
Source Language
English
Civil Procedure Appeals Interlocutory Orders Functus Officio Res Judicata

Case Brief

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Parties

Patrick Kagaruki

Appellant/respondent

Joseph Laizer

Appellant/respondent

Arusha Municipal Council

Respondent/objector

Procedural Posture

Miscellaneous Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the order appealed from is interlocutory and thus not appealable under section 43 of the Magistrates Courts Act as amended
  2. 2 Whether there was duplicity in applications No. 5 of 2002 and No. 6 of 2003
  3. 3 Whether the subordinate court was functus officio after revising application No. 20 of 1998

Ratio Decidendi

The order appealed from was interlocutory, as it did not finally determine the rights of the parties but merely overruled objections and allowed the application to proceed. Section 43 of the Magistrates Courts Act, as amended, prohibits appeals from such orders. Therefore, the appeal is incompetent.

Court Disposition

Preliminary objection sustained; appeal struck out as incompetent.

Orders

  • Appeal struck out as incompetent
  • Costs to follow the event