damian antony mdee 4 others vs bcs 2000 ltd 2022 tzhclandd 12719 19 december 2022

damian antony mdee 4 others vs bcs 2000 ltd 2022 tzhclandd 12719 19 december 2022

The orders issued by the Tribunal were interlocutory and did not finally dispose of the rights of the parties; therefore, the appeal is not maintainable under section 74(2) of the CPC.

Citation
damian antony mdee 4 others vs bcs 2000 ltd 2022 tzhclandd 12719 19 december 2022
Parties
Appellant: Damian Antony Mdee; Appellant: Zuhura Bakari Kyissima; Appellant: Muyenga Mohamed Mwaulanga; Appellant: Seif Margreth Francis Shao; Appellant: Joyce Mbelwa; Respondent: BCS (2000) Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
19 December 2022
Procedural Posture
Land Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out with costs
Legal Topics
Appeals, Interlocutory Orders, Jurisdiction
Source Language
English

Case Brief

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Parties

Damian Antony Mdee

Appellant

Zuhura Bakari Kyissima

Appellant

Muyenga Mohamed Mwaulanga

Appellant

Seif Margreth Francis Shao

Appellant

Joyce Mbelwa

Appellant

BCS (2000) Ltd

Respondent

Procedural Posture

Land Appeal / Ruling on Preliminary Objection

  1. 1 Whether the appeal is maintainable against interlocutory orders of the Tribunal
  2. 2 Whether the orders issued by the Tribunal finally determined the suit

Ratio Decidendi

The orders issued by the Tribunal were interlocutory and did not finally dispose of the rights of the parties; therefore, the appeal is not maintainable under section 74(2) of the CPC.

Court Disposition

appeal struck out with costs

Orders

  • appeal struck out
  • costs awarded to respondent