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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the appeal is maintainable against interlocutory orders of the Tribunal
- 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
Full Case Text
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