gold africa ltd vs eb hance co ltd another 2023 tzhccomd 352 13 october 2023
The application was struck out because it sought leave to appeal an interlocutory order that did not finally determine the suit, contrary to Section 5(2)(d) of the Appellate Jurisdiction Act.
- Citation
- gold africa ltd vs eb hance co ltd another 2023 tzhccomd 352 13 october 2023
- Parties
- Applicant: Gold Africa Limited; 1st Respondent: EB-Hance Company Limited; 2nd Respondent: Reef Gold Limited
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 13 October 2023
- Procedural Posture
- Miscellaneous Commercial Application / Ruling on Preliminary Objection and Application
- Outcome
- Application struck out
- Legal Topics
- Abuse of Court Process, Appeals Against Interlocutory Orders, Legal Representation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Gold Africa Limited
Applicant
EB-Hance Company Limited
1st Respondent
Reef Gold Limited
2nd Respondent
Procedural Posture
Miscellaneous Commercial Application / Ruling on Preliminary Objection and Application
Legal Issues
- 1 Whether the application is an abuse of court process
- 2 Whether leave to appeal can be granted against an interlocutory order
Ratio Decidendi
The application was struck out because it sought leave to appeal an interlocutory order that did not finally determine the suit, contrary to Section 5(2)(d) of the Appellate Jurisdiction Act.
Court Disposition
Application struck out
Orders
- Application struck out for being preferred against an interlocutory order that does not finally determine Misc. Commercial Application No. 181 of 2021.
- Each party to bear its own costs.
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