LAND APPEAL NO 59 OF 2023 JONAS CHAKUPEWA VS NEZIA KILIMA

The appeal is incompetent because it is predicated on a defective decree, which has been struck out. Without a valid decree, there is no competent appeal before the court.

Citation: LAND APPEAL NO 59 OF 2023 JONAS CHAKUPEWA VS NEZIA KILIMA
Parties: Appellant: Jonas Chakupewa; Respondent: Nezia Kilima
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2023
Procedural Posture: Land Appeal / Judgment on Appeal
Outcome: Appeal struck out with costs
Legal Topics: Defective Decree, Appeal Competence, Ownership of Land, Correction of Decrees
Source Language: English

Land Law Civil Procedure Defective Decree Appeal Competence Ownership of Land Correction of Decrees

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Parties

Jonas Chakupewa

Appellant

Nezia Kilima

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

1 Whether the decree issued by the trial tribunal conforms to the judgment
2 Whether the appeal is competent in light of the defective decree

Ratio Decidendi

The appeal is incompetent because it is predicated on a defective decree, which has been struck out. Without a valid decree, there is no competent appeal before the court.

Court Disposition

Appeal struck out with costs

Orders

The appeal is struck out with costs.