elias so sengerema vs sayayi so zengo seni others 2018 tzhc 2061 7 december 2018

The appeal was dismissed as it arose from a ruling on preliminary objections which did not finally determine the matter, making it premature and incompetent under the law prohibiting appeals from interlocutory orders.

Citation: elias so sengerema vs sayayi so zengo seni others 2018 tzhc 2061 7 december 2018
Parties: Appellant: Elias S/o Sengerema; 1st Respondent: Sayayi S/o Zengo Seni; 2nd Respondent: Felista D/o Mayala; 3rd Respondent: Nyalagi S/o Malezu; 4th Respondent: Abajaja Co. Limited
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 7 December 2018
Procedural Posture: Land Appeal / Judgment on Appeal Against Ruling on Preliminary Objections
Outcome: appeal dismissed with costs
Legal Topics: Res Judicata, Functus Officio, Preliminary Objections, Appealability of Interlocutory Orders
Source Language: English

Civil Procedure Land Law Res Judicata Functus Officio Preliminary Objections Appealability of Interlocutory Orders

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 1

Parties

Elias S/o Sengerema

Appellant

Sayayi S/o Zengo Seni

1st Respondent

Felista D/o Mayala

2nd Respondent

Nyalagi S/o Malezu

3rd Respondent

Abajaja Co. Limited

4th Respondent

Procedural Posture

Land Appeal / Judgment on Appeal Against Ruling on Preliminary Objections

Legal Issues

1 Whether the Tribunal's ruling on preliminary objections was appealable
2 Whether the matter was res judicata
3 Whether the Tribunal was functus officio

Ratio Decidendi

Court Disposition

appeal dismissed with costs

Orders

appeal dismissed as premature and incompetent
costs awarded to respondents