20100826 TZHC Dar es Salaam
- Citation
- 20100826 TZHC Dar es Salaam
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 26 August 2010
- Posture
- Civil Appeal / Ruling on Preliminary Objection
- Language
- English
More details
- Court
- TZHC
- Decision
- 26 August 2010
- Posture
- Civil Appeal / Ruling on Preliminary Objection
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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
AppellantRogers Lewis Mbise
Respondent Counsel: Mr. Mnyele03
Procedural history
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
Legal principles
- 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
The complete available source text.
TZHC
Judgment· 26 August 2010
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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