deus kashasha vs longino rwegasira 2023 tzhc 23381 24 november 2023

deus kashasha vs longino rwegasira 2023 tzhc 23381 24 november 2023

The impugned execution order is not appealable under the Civil Procedure Code or the Land Disputes Courts Act. The appeal is incompetent and must be struck out as the court was not properly moved by way of appeal.

Citation
deus kashasha vs longino rwegasira 2023 tzhc 23381 24 november 2023
Parties
Appellant: Deus Kashasha; Respondent: Longino Rwegasira
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 November 2023
Procedural Posture
Miscellaneous Land Case Appeal / Ruling on Preliminary Objection and Competence of Appeal
Outcome
Appeal struck out as incompetent
Legal Topics
Appealability of Execution Orders, Taxation of Costs, Jurisdiction, Limitation of Actions
Source Language
English
Civil Procedure Land Law Appealability of Execution Orders Taxation of Costs Jurisdiction Limitation of Actions

Case Brief

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Parties

Deus Kashasha

Appellant

Longino Rwegasira

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Ruling on Preliminary Objection and Competence of Appeal

Legal Issues

  1. 1 Whether the appeal against the execution order is competent and maintainable
  2. 2 Whether the impugned order is appealable under the relevant laws

Ratio Decidendi

The impugned execution order is not appealable under the Civil Procedure Code or the Land Disputes Courts Act. The appeal is incompetent and must be struck out as the court was not properly moved by way of appeal.

Court Disposition

Appeal struck out as incompetent

Orders

  • Appeal is struck out from the books of the High Court of Tanzania Sub-Registry of Bukoba at Bukoba.
  • No order as to costs.