celestine samora manase others vs tanzania social action fund another 2022 tzca 58 24 february 2022

celestine samora manase others vs tanzania social action fund another 2022 tzca 58 24 february 2022

The order setting aside the ex parte judgment is interlocutory as it does not finally determine the rights of the parties; therefore, no appeal lies against it under section 5(2)(d) of the Appellate Jurisdiction Act.

Citation
celestine samora manase others vs tanzania social action fund another 2022 tzca 58 24 february 2022
Parties
Appellant: Celestine Samora Manase & Twelve Others; First Respondent: Tanzania Social Action Fund; Second Respondent: Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
24 February 2022
Procedural Posture
Civil Appeal / Appeal From High Court Ruling Setting Aside Ex Parte Judgment
Outcome
appeal struck out as incompetent
Legal Topics
Appealability of Interlocutory Orders, Setting Aside Ex Parte Judgments, Jurisdiction of Appellate Court
Source Language
English
Labour Law Civil Procedure Appealability of Interlocutory Orders Setting Aside Ex Parte Judgments Jurisdiction of Appellate Court

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Celestine Samora Manase & Twelve Others

Appellant

Tanzania Social Action Fund

First Respondent

Attorney General

Second Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Ruling Setting Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether an appeal lies against a High Court decision setting aside its ex parte judgment
  2. 2 Whether the impugned order is interlocutory or final for purposes of appealability

Ratio Decidendi

The order setting aside the ex parte judgment is interlocutory as it does not finally determine the rights of the parties; therefore, no appeal lies against it under section 5(2)(d) of the Appellate Jurisdiction Act.

Court Disposition

appeal struck out as incompetent

Orders

  • Appeal struck out
  • No order as to costs