20060420 TZCA Dar es Salaam

20060420 TZCA Dar es Salaam

Orders from objection proceedings under Order XXI Rule 57 are not appellable; the proper remedy is by way of suit, not appeal. Therefore, the application for leave to appeal is misconceived and must be dismissed.

Source-derived case information.

Citation
20060420 TZCA Dar es Salaam
Parties
Applicant: Lalbibi Pirmohamed; Respondent: Saving & Finance Ltd.; Respondent: MK Auctioneers Ltd.; Respondent: Badrahaman Nurmohamed
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 April 2006
Procedural Posture
Civil Application / Application for Leave to Appeal to the Court of Appeal
Outcome
application dismissed with costs
Legal Topics
Leave to Appeal, Objection Proceedings, Appealability of Orders
Source Language
english
Civil Procedure Leave to Appeal Objection Proceedings Appealability of Orders

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Lalbibi Pirmohamed

Applicant

Saving & Finance Ltd.

Respondent

MK Auctioneers Ltd.

Respondent

Badrahaman Nurmohamed

Respondent

Procedural Posture

Civil Application / Application for Leave to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether an order arising from objection proceedings under Order XXI Rule 57 of the Civil Procedure Code is appellable
  2. 2 Whether the applicant was justified in filing written submissions on 7.11.2005 due to public holidays

Ratio Decidendi

Orders from objection proceedings under Order XXI Rule 57 are not appellable; the proper remedy is by way of suit, not appeal. Therefore, the application for leave to appeal is misconceived and must be dismissed.

Court Disposition

application dismissed with costs

Orders

  • The application for leave to appeal is dismissed with costs.