benjamin makole vs upcoming investment ltd 3 others 2022 tzhclandd 12383 10 october 2022
The appeal was incompetent because the Tribunal's ruling was interlocutory and did not finally determine the rights of the parties; thus, no appeal lay under s. 74(2) CPC.
- Citation
- benjamin makole vs upcoming investment ltd 3 others 2022 tzhclandd 12383 10 october 2022
- Parties
- Appellant: Benjamin Makole; 1st Respondent: Upcoming Investment Ltd; 2nd Respondent: Judy Gold Mines Ltd; 3rd Respondent: Joshma Construction GRP; 4th Respondent: JB Sanga General Supply
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 10 October 2022
- Procedural Posture
- Land Appeal / Final Judgment
- Outcome
- appeal struck out as incompetent
- Legal Topics
- Appealability of Interlocutory Orders, Jurisdiction, Land Dispute Definition
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Benjamin Makole
Appellant
Upcoming Investment Ltd
1st Respondent
Judy Gold Mines Ltd
2nd Respondent
Joshma Construction GRP
3rd Respondent
JB Sanga General Supply
4th Respondent
Procedural Posture
Land Appeal / Final Judgment
Legal Issues
- 1 Whether the ruling of Kibaha DLHT was appealable as a final order or interlocutory
- 2 Whether the Tribunal had jurisdiction over the dispute
- 3 Whether the appellant exhausted proper remedies for interlocutory orders
Ratio Decidendi
The appeal was incompetent because the Tribunal's ruling was interlocutory and did not finally determine the rights of the parties; thus, no appeal lay under s. 74(2) CPC.
Court Disposition
appeal struck out as incompetent
Orders
- appeal struck out
- each party to bear own costs
Full Case Text
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