haji ally mlenge vs habib nasser habib 2 others 2023 tzhclandd 17239 19 december 2023

haji ally mlenge vs habib nasser habib 2 others 2023 tzhclandd 17239 19 december 2023

The appeal is incompetent as it arises from an interlocutory order refusing recusal, which is not appealable under section 5(2)(d) of Cap 141 and the corresponding tribunal regulations; the appellant cannot withdraw an incompetent appeal and is liable for costs.

Citation
haji ally mlenge vs habib nasser habib 2 others 2023 tzhclandd 17239 19 december 2023
Parties
Appellant: Haji Ally Mlenge; 1st Respondent: Habib Nasser Habib; 2nd Respondent: Nzige Auction Mart; 3rd Respondent: Kondo Athuman Mohamed
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
19 December 2023
Procedural Posture
Land Appeal / Ruling on Preliminary Objection Regarding Competence of Appeal
Outcome
Appeal struck out with costs
Legal Topics
Appeals From Interlocutory Orders, Recusal of Judicial Officers, Costs in Struck Out Appeals
Source Language
English
Civil Procedure Land Law Appeals From Interlocutory Orders Recusal of Judicial Officers Costs in Struck Out Appeals

Case Brief

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Parties

Haji Ally Mlenge

Appellant

Habib Nasser Habib

1st Respondent

Nzige Auction Mart

2nd Respondent

Kondo Athuman Mohamed

3rd Respondent

Procedural Posture

Land Appeal / Ruling on Preliminary Objection Regarding Competence of Appeal

Legal Issues

  1. 1 Whether an appeal lies against an interlocutory order refusing recusal under section 5(2)(d) of the Appellate Jurisdiction Act, Cap 141 R.E. 2019
  2. 2 Whether the appeal should be struck out with costs

Ratio Decidendi

The appeal is incompetent as it arises from an interlocutory order refusing recusal, which is not appealable under section 5(2)(d) of Cap 141 and the corresponding tribunal regulations; the appellant cannot withdraw an incompetent appeal and is liable for costs.

Court Disposition

Appeal struck out with costs

Orders

  • The appeal is struck out with costs.