burendire isakwe vs itaso ally 2021 tzhc 7461 29 november 2021

The appeal was improperly filed before the High Court contrary to the mandatory requirements of section 38(2) of the Land Disputes Courts Act; therefore, the appeal must be struck out.

Citation: burendire isakwe vs itaso ally 2021 tzhc 7461 29 november 2021
Parties: Appellant: Burendire Isakwe; Respondent: Itaso Ally
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 29 November 2021
Procedural Posture: Land Appeal / Preliminary Objection/ruling on Filing Procedure
Outcome: appeal struck out
Legal Topics: Appeals Procedure, Jurisdiction, Ward Tribunal Decisions
Source Language: English

Land Law Civil Procedure Appeals Procedure Jurisdiction Ward Tribunal Decisions

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Parties

Burendire Isakwe

Appellant

Itaso Ally

Respondent

Procedural Posture

Land Appeal / Preliminary Objection/ruling on Filing Procedure

Legal Issues

1 Whether the appeal was properly filed before the High Court contrary to section 38(2) of the Land Disputes Courts Act

Ratio Decidendi

The appeal was improperly filed before the High Court contrary to the mandatory requirements of section 38(2) of the Land Disputes Courts Act; therefore, the appeal must be struck out.

Court Disposition

appeal struck out

Orders

Appeal struck out for being improperly filed before the High Court.
Appellant granted leave to file a fresh appeal within thirty days.