edson liheluka vs samwel lugendo 2023 tzhc 22334 31 may 2023

edson liheluka vs samwel lugendo 2023 tzhc 22334 31 may 2023

The appeal is incompetent as it violates mandatory procedural rules requiring applications to set aside ex-parte judgments to be made before the appellate court that issued the judgment, not by appeal to the High Court.

Citation
edson liheluka vs samwel lugendo 2023 tzhc 22334 31 may 2023
Parties
Applicant: Edson Liheluka; Respondent: Samwel Lugendo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 May 2023
Procedural Posture
PC Criminal Appeal / Ruling on Preliminary Objection
Outcome
Appeal struck out as incompetent
Legal Topics
Appeals From Primary Courts, Ex Parte Judgments, Preliminary Objection
Source Language
English
Criminal Law Procedure Appeals From Primary Courts Ex Parte Judgments Preliminary Objection

Case Brief

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Parties

Edson Liheluka

Applicant

Samwel Lugendo

Respondent

Procedural Posture

PC Criminal Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether an appeal against an ex-parte judgment from a Primary Court is competent before the High Court

Ratio Decidendi

The appeal is incompetent as it violates mandatory procedural rules requiring applications to set aside ex-parte judgments to be made before the appellate court that issued the judgment, not by appeal to the High Court.

Court Disposition

Appeal struck out as incompetent

Orders

  • PC Criminal Appeal No. 1 of 2022 struck out
  • No order as to costs