eustach sahilo vs akilimali daudi and 4 others 2021 tzhc 7446 9 november 2021

eustach sahilo vs akilimali daudi and 4 others 2021 tzhc 7446 9 november 2021

The appeal is incompetent because the order appealed against is interlocutory, as it did not finally determine the rights of the parties, and is therefore not appealable under Regulation 22 of the Land Disputes Courts (the District Land and Housing Tribunal) Regulations, 2003.

Citation
eustach sahilo vs akilimali daudi and 4 others 2021 tzhc 7446 9 november 2021
Parties
Appellant: Eustach Sahilo; Respondent: Akilimalin Daudi; Respondent: Unnamed 2nd respondent; Respondent: Unnamed 3rd respondent; Respondent: Unnamed 4th respondent
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 November 2021
Procedural Posture
Land Appeal / Ruling on Competence of Appeal
Outcome
Appeal struck out as incompetent
Legal Topics
Right to Representation, Power of Attorney, Interlocutory Orders, Functus Officio, Right to Be Heard
Source Language
English
Land Law Civil Procedure Right to Representation Power of Attorney Interlocutory Orders Functus Officio Right to Be Heard

Case Brief

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Parties

Eustach Sahilo

Appellant

Akilimalin Daudi

Respondent

Unnamed 2nd respondent

Respondent

Unnamed 3rd respondent

Respondent

Unnamed 4th respondent

Respondent

Procedural Posture

Land Appeal / Ruling on Competence of Appeal

Legal Issues

  1. 1 Whether the appeal is competent before the High Court while the main case is pending before the District Land and Housing Tribunal
  2. 2 Whether the order appealed against is interlocutory and thus not appealable
  3. 3 Whether the appellant was denied the right to representation

Ratio Decidendi

The appeal is incompetent because the order appealed against is interlocutory, as it did not finally determine the rights of the parties, and is therefore not appealable under Regulation 22 of the Land Disputes Courts (the District Land and Housing Tribunal) Regulations, 2003.

Court Disposition

Appeal struck out as incompetent

Orders

  • Appeal struck out
  • Record remitted to the District Land and Housing Tribunal to proceed with Application No. 3 of 2019 on merit