hassan juma mambo vs mussa idd 2021 tzhc 12575 28 november 2021

hassan juma mambo vs mussa idd 2021 tzhc 12575 28 november 2021

The order setting aside the dismissal and restoring the appeal is interlocutory as it does not determine the substantive rights of the parties; such orders are not appealable under section 74(2) CPC and Order XL of the CPC.

Citation
hassan juma mambo vs mussa idd 2021 tzhc 12575 28 november 2021
Parties
Appellant: Hassan Juma Mambo; Respondent: Musa Idd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 November 2021
Procedural Posture
Land Appeal / Ruling on Preliminary Objection
Outcome
Appeal dismissed as incompetent
Legal Topics
Appealability of Interlocutory Orders, Restoration of Dismissed Appeals, Jurisdictional Objections
Source Language
English
Civil Procedure Land Law Appealability of Interlocutory Orders Restoration of Dismissed Appeals Jurisdictional Objections

Case Brief

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Parties

Hassan Juma Mambo

Appellant

Musa Idd

Respondent

Procedural Posture

Land Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether an order setting aside a dismissal and restoring an appeal is interlocutory and appealable

Ratio Decidendi

The order setting aside the dismissal and restoring the appeal is interlocutory as it does not determine the substantive rights of the parties; such orders are not appealable under section 74(2) CPC and Order XL of the CPC.

Court Disposition

Appeal dismissed as incompetent

Orders

  • Appeal dismissed with costs
  • Tribunal to proceed to determine the pending appeal with immediate dispatch