19930226 TZHC Dar es Salaam

The submission that the order was not appealable is without merit; the appeal is properly before the court as it concerns the striking out of the counterclaim, not an order under Order 8 Rule 12 CPC.

Citation: 19930226 TZHC Dar es Salaam
Parties: Appellant: A.T.Y.A. Single Florey; Respondent: Alex C. Kimenes
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 26 February 1993
Procedural Posture: Civil Appeal / Ruling on Preliminary Objection Regarding Appealability
Outcome: preliminary objection dismissed
Legal Topics: Appealability of Orders, Counterclaim, Striking Out Pleadings
Source Language: English

Civil Procedure Appealability of Orders Counterclaim Striking Out Pleadings

Case Brief

Summary, issues, holding and outcome

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Parties

A.T.Y.A. Single Florey

Appellant

Alex C. Kimenes

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection Regarding Appealability

Legal Issues

1 Whether the order striking out the counterclaim is appealable under Order 40 of the Civil Procedure Code
2 Whether the lower court erred in striking out the counterclaim while the appellant was seeking judgment for failure to file a written statement of defence

Ratio Decidendi

The submission that the order was not appealable is without merit; the appeal is properly before the court as it concerns the striking out of the counterclaim, not an order under Order 8 Rule 12 CPC.

Court Disposition

preliminary objection dismissed

Orders

Submission by respondent dismissed with costs
Appeal to proceed to hearing and determination on merits