janeti malongoza vs aden bahati mayala and another 2023 tzhc 16421 28 march 2023

janeti malongoza vs aden bahati mayala and another 2023 tzhc 16421 28 march 2023

Where an appeal is against a dismissal order and not a judgment or decree, attaching the dismissal order suffices; the omission of the correct terminology is a minor, curable error and does not render the appeal incompetent.

Citation
janeti malongoza vs aden bahati mayala and another 2023 tzhc 16421 28 march 2023
Parties
Appellant: Janeti Malongoza; 1st Respondent: Aden Bahati Mayala; 2nd Respondent: Oward Jeremia Sanga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 March 2023
Procedural Posture
Land Appeal / Ruling on Preliminary Objection
Outcome
preliminary objection overruled
Legal Topics
Appeals, Preliminary Objection, Mandatory Documents in Appeal, Amendment of Pleadings
Source Language
English
Civil Procedure Land Law Appeals Preliminary Objection Mandatory Documents in Appeal Amendment of Pleadings

Case Brief

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Parties

Janeti Malongoza

Appellant

Aden Bahati Mayala

1st Respondent

Oward Jeremia Sanga

2nd Respondent

Procedural Posture

Land Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to attach judgment and decree renders the appeal incompetent when appealing against a dismissal order
  2. 2 Whether the omission of 'judgment and decree' instead of 'dismissal order' is curable by amendment

Ratio Decidendi

Where an appeal is against a dismissal order and not a judgment or decree, attaching the dismissal order suffices; the omission of the correct terminology is a minor, curable error and does not render the appeal incompetent.

Court Disposition

preliminary objection overruled

Orders

  • Appellant's memorandum of appeal to be amended