leonard myale vs the registered board of trustees of lutheran church southern diocese 2023 tzhc 21218 26 september 2023

The impugned order is not among the appealable orders listed in section 74(1) and Order XL, Rule 1 of the Civil Procedure Code; therefore, the appeal is incompetent and must be struck out.

Citation: leonard myale vs the registered board of trustees of lutheran church southern diocese 2023 tzhc 21218 26 september 2023
Parties: Appellant: Leonard Myale; 1st Respondent: The Registered Board of Trustees of Lutheran Church Southern Diocese; 2nd Respondent: Nashon Kikalao
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 26 September 2023
Procedural Posture: Civil Appeal / Ruling on Preliminary Objection
Outcome: appeal struck out
Legal Topics: Appealability of Orders, Execution Proceedings, Preliminary Objection
Source Language: English

Civil Procedure Appealability of Orders Execution Proceedings Preliminary Objection

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Parties

Leonard Myale

Appellant

The Registered Board of Trustees of Lutheran Church Southern Diocese

1st Respondent

Nashon Kikalao

2nd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

1 Whether the order striking out the application for execution is appealable under section 74(1) and Order XL of the Civil Procedure Code

Ratio Decidendi

The impugned order is not among the appealable orders listed in section 74(1) and Order XL, Rule 1 of the Civil Procedure Code; therefore, the appeal is incompetent and must be struck out.

Court Disposition

appeal struck out

Orders

Appeal struck out with costs