febe thomas simkoko vs said abdallah lipendele 2020 tzhc 1947 31 march 2020

The appeal is incompetent because the order appealed against was interlocutory and did not finally determine the application, thus falling within the bar of section 74(2) of the Civil Procedure Code.

Citation: febe thomas simkoko vs said abdallah lipendele 2020 tzhc 1947 31 march 2020
Parties: Appellant: Febe Thomas Simkoko; Respondent: Said Abdallah Lipendele
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 31 March 2020
Procedural Posture: PC Civil Appeal / Ruling on Competence of Appeal
Outcome: Appeal struck out
Legal Topics: Appeal Competence, Interlocutory Orders, Section 74(2) Civil Procedure Code
Source Language: English

Civil Procedure Appeal Competence Interlocutory Orders Section 74(2) Civil Procedure Code

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Parties

Febe Thomas Simkoko

Appellant

Said Abdallah Lipendele

Respondent

Procedural Posture

PC Civil Appeal / Ruling on Competence of Appeal

Legal Issues

1 Whether the appeal is competent under section 74(2) of the Civil Procedure Code

Ratio Decidendi

The appeal is incompetent because the order appealed against was interlocutory and did not finally determine the application, thus falling within the bar of section 74(2) of the Civil Procedure Code.

Court Disposition

Appeal struck out

Orders

Each party to bear its own costs