20100312 TZHC Arusha

20100312 TZHC Arusha

The appeal was incompetent because the appellant appealed against a non-appealable order (dismissal of Bill of Costs) instead of the order refusing restoration; thus, the appeal was struck out with costs.

Citation
20100312 TZHC Arusha
Parties
Appellant: Bura Masoda; Respondent: Margwe Massay
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 March 2010
Procedural Posture
Miscellaneous Civil Appeal / Judgment on Appeal Against Dismissal of Application for Restoration
Outcome
Appeal struck out as incompetent with costs.
Legal Topics
Appealability of Orders, Restoration of Dismissed Applications, Costs
Source Language
English
Civil Procedure Appealability of Orders Restoration of Dismissed Applications Costs

Case Brief

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Parties

Bura Masoda

Appellant

Margwe Massay

Respondent

Procedural Posture

Miscellaneous Civil Appeal / Judgment on Appeal Against Dismissal of Application for Restoration

Legal Issues

  1. 1 Whether the order dismissing Bill of Costs No. 32 of 1999 was appealable
  2. 2 Whether the appellant appealed against the correct order

Ratio Decidendi

The appeal was incompetent because the appellant appealed against a non-appealable order (dismissal of Bill of Costs) instead of the order refusing restoration; thus, the appeal was struck out with costs.

Court Disposition

Appeal struck out as incompetent with costs.

Orders

  • Appeal is struck out with costs.