Tanzania Judgment

TZHC

20100826 TZHC Dar es Salaam

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The appeal was not legally appealable; therefore, it was struck out.

Court disposition

appeal struck out with costs

Orders

  • Appeal struck out with costs
  • File to be remitted to the RM's Court, Kisutu for execution to proceed

02

Material facts

Parties

Christopher Marwa

Appellant

Rogers Lewis Mbise

Respondent Counsel: Mr. Mnyele

03

Procedural history

  1. Posture

    Civil Appeal / Ruling on Preliminary Objection

04

Questions and positions

Legal issues

Whether the appeal is appealable in law

Party arguments

Respondent
The appeal is not appealable in law as raised in the preliminary objection.

05

Court’s reasoning

  1. 01

    general principles of appellate procedure

    An appeal must be legally permissible; if not, it is liable to be struck out.

06

Ratio, limits and disposition

Ratio decidendi

The appeal was not legally appealable; therefore, it was struck out.

Court disposition

appeal struck out with costs

  • Appeal struck out with costs
  • File to be remitted to the RM's Court, Kisutu for execution to proceed

Source and reliance status

TZHC · 26 August 2010

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Judgment reading view

Judgment text

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Source document

TZHC

Judgment· 26 August 2010

20100826 TZHC Dar es Salaam

IN THE HIGH COURT OF TANZANIA

AT DAR ES SALAAM CIVIL APPEAL NO. 78 OF 2010 CHRISTOPHER MARWA .............................. APPELLANT

VERSUS ROGERS LEWIS MBISE •......................... RESPONDENT Date of last Order 17/8/2010 Date of Ruling 26/8/2010

RULING Dr. F. Twaib, J. Having heard Mr. Mnyele, learned counsel for the Respondent, 1n his submissions on the preliminary point duly raised under Notice of Preliminary Objection filed on 16th August, 2010, and having perused the record of this court and the court below, I am satisfied that the appeal filed herein is not appealable in law. In the result, I hereby strike it out with costs. The file is to be remitted to the RM'S Court, Kisutu, so that the process of execution may proceed.

JUDGE 26/8/2010

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