generator logic vs eli mukuta 2022 tzca 115 16 march 2022
The High Court's order striking out the application for revision was interlocutory, not final, as it did not finally determine the rights of the parties. Section 5(2)(d) of the Appellate Jurisdiction Act bars appeals against such interlocutory orders. The appeal was therefore incompetent and struck out.
- Citation
- generator logic vs eli mukuta 2022 tzca 115 16 march 2022
- Parties
- Appellant: Generator Logic; Respondent: Eli Mukuta
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 16 March 2022
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection Regarding Appealability of High Court Order
- Outcome
- Appeal struck out as incompetent
- Legal Topics
- Appealability of Interlocutory Orders, Jurisdiction, Setting Aside Ex Parte Awards
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Generator Logic
Appellant
Eli Mukuta
Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection Regarding Appealability of High Court Order
Legal Issues
- 1 Whether the High Court's order striking out an application for revision is appealable
- 2 Whether the order was interlocutory or final
Ratio Decidendi
The High Court's order striking out the application for revision was interlocutory, not final, as it did not finally determine the rights of the parties. Section 5(2)(d) of the Appellate Jurisdiction Act bars appeals against such interlocutory orders. The appeal was therefore incompetent and struck out.
Court Disposition
Appeal struck out as incompetent
Orders
- Appeal struck out for being against an interlocutory order
- No order as to costs
Full Case Text
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