20080828 TZCA Dar es Salaam

20080828 TZCA Dar es Salaam

Appeals from summary judgments under Order XXXV of the Civil Procedure Code, being decrees made by the High Court in its original jurisdiction, do not require leave under section 5(1)(c) of the Appellate Jurisdiction Act; the respondents' appeal was properly instituted as of right.

Citation
20080828 TZCA Dar es Salaam
Parties
Applicant: Euro Products Tanzania Ltd; Respondent: Junaco (T) Limited; Respondent: Justine Lambert
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 August 2008
Procedural Posture
Civil Application / Application to Strike Out Appeal
Outcome
application dismissed
Legal Topics
Appeals From Summary Judgment, Requirement of Leave to Appeal, Interpretation of Appellate Jurisdiction Act
Source Language
English
Civil Procedure Appellate Practice Appeals From Summary Judgment Requirement of Leave to Appeal Interpretation of Appellate Jurisdiction Act

Case Brief

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Parties

Euro Products Tanzania Ltd

Applicant

Junaco (T) Limited

Respondent

Justine Lambert

Respondent

Procedural Posture

Civil Application / Application to Strike Out Appeal

Legal Issues

  1. 1 Whether an appeal from a summary judgment under Order XXXV of the Civil Procedure Code requires leave under section 5(1)(c) of the Appellate Jurisdiction Act
  2. 2 Whether the respondents' appeal was properly instituted without leave

Ratio Decidendi

Appeals from summary judgments under Order XXXV of the Civil Procedure Code, being decrees made by the High Court in its original jurisdiction, do not require leave under section 5(1)(c) of the Appellate Jurisdiction Act; the respondents' appeal was properly instituted as of right.

Court Disposition

application dismissed

Orders

  • Notice of Motion dismissed with costs