esther bernard and 2 others vs mathias rweyemamu 2023 tzhc 19565 31 july 2023

esther bernard and 2 others vs mathias rweyemamu 2023 tzhc 19565 31 july 2023

The ruling dismissing the application for extension of time to file Written Statement of Defence is interlocutory and does not finally determine the rights of the parties; therefore, it is not appealable under section 74(2) of the Civil Procedure Code.

Source-derived case information.

Citation
esther bernard and 2 others vs mathias rweyemamu 2023 tzhc 19565 31 july 2023
Parties
Appellant: Esther Bernard; Appellant: Livingstone Tibenda; Appellant: Lameckjohn Erasto; Respondent: Mathias Rweyemamu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 July 2023
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out as incompetent
Legal Topics
Appeals, Interlocutory Orders, Extension of Time, Ex Parte Proceedings
Source Language
english
Civil Procedure Appeals Interlocutory Orders Extension of Time Ex Parte Proceedings

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Parties

Esther Bernard

Appellant

Livingstone Tibenda

Appellant

Lameckjohn Erasto

Appellant

Mathias Rweyemamu

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is competent against an interlocutory order dismissing an application for extension of time to file Written Statement of Defence

Ratio Decidendi

The ruling dismissing the application for extension of time to file Written Statement of Defence is interlocutory and does not finally determine the rights of the parties; therefore, it is not appealable under section 74(2) of the Civil Procedure Code.

Court Disposition

appeal struck out as incompetent

Orders

  • Appeal struck out for being from an unappealable interlocutory decision.
  • File remitted to the trial court for continuation of ex-parte hearing.