ferdinand batungi vs ramadhan mwadachi others 2021 tzhclandd 6856 13 december 2021
The application is incompetent because no notice of appeal was lodged and the order rejecting review is not appealable under Order XLII Rule 7(1) of the Civil Procedure Code.
- Citation
- ferdinand batungi vs ramadhan mwadachi others 2021 tzhclandd 6856 13 december 2021
- Parties
- Applicant: Ferdinand Batungi; 1st Respondent: Ramadhani Mwadachi; 2nd Respondent: Priscanne Business Enterprises Limited T/A Auction Mart; 3rd Respondent: Hawa Abdallah
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 13 December 2021
- Procedural Posture
- Miscellaneous Land Case Application / Ruling on Application for Leave to Appeal
- Outcome
- Application dismissed with costs
- Legal Topics
- Leave to Appeal, Appealability of Orders, Procedural Defects
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Ferdinand Batungi
Applicant
Ramadhani Mwadachi
1st Respondent
Priscanne Business Enterprises Limited T/A Auction Mart
2nd Respondent
Hawa Abdallah
3rd Respondent
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Leave to Appeal
Legal Issues
- 1 Whether leave to appeal to the Court of Appeal can be granted without a notice of appeal
- 2 Whether the order rejecting review is appealable under Order XLII Rule 7(1) of the Civil Procedure Code
Ratio Decidendi
The application is incompetent because no notice of appeal was lodged and the order rejecting review is not appealable under Order XLII Rule 7(1) of the Civil Procedure Code.
Court Disposition
Application dismissed with costs
Orders
- Application dismissed with costs
Full Case Text
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