20020419 TZCA Dar es Salaam

20020419 TZCA Dar es Salaam

Interlocutory orders in election petition cases are not appealable as of right under Article 83(4) of the Constitution; such appeals require leave. The right of appeal as of right is limited to final determinations of the High Court in election petition matters.

Citation
20020419 TZCA Dar es Salaam
Parties
1st Appellant: Freeman Aikaeli Mbowe; 2nd Appellant: The Hon. Attorney General; Respondent: Alex O. Lema
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 April 2002
Procedural Posture
Civil Appeal / Ruling on Preliminary Issue Regarding Appealability of Interlocutory Order
Outcome
Reference answered; interlocutory order not appealable as of right; matter remitted to full Court for further proceedings.
Legal Topics
Appeals, Election Petitions, Interlocutory Orders, Jurisdiction
Source Language
English
Constitutional Law Election Law Civil Procedure Appeals Election Petitions Interlocutory Orders Jurisdiction

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Parties

Freeman Aikaeli Mbowe

1st Appellant

The Hon. Attorney General

2nd Appellant

Alex O. Lema

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Issue Regarding Appealability of Interlocutory Order

Legal Issues

  1. 1 Whether an interlocutory order in an election petition is appealable as of right under Article 83(4) of the Constitution or only with leave
  2. 2 Proper interpretation of Article 83(4) of the Constitution regarding appeals in election petition cases

Ratio Decidendi

Interlocutory orders in election petition cases are not appealable as of right under Article 83(4) of the Constitution; such appeals require leave. The right of appeal as of right is limited to final determinations of the High Court in election petition matters.

Court Disposition

Reference answered; interlocutory order not appealable as of right; matter remitted to full Court for further proceedings.

Orders

  • Matter remitted to the full Court for the appeal to be dealt with in the usual manner.