leonard qamunga vs marang village council 2020 tzhc 4351 15 december 2020

The appeal is incompetent because an order setting aside an ex-parte judgment does not finally determine the suit and is not appealable under the Civil Procedure Code.

Citation: leonard qamunga vs marang village council 2020 tzhc 4351 15 december 2020
Parties: Appellant: Leonard Qamunga; Respondent: Marang' Village Council
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 15 December 2020
Procedural Posture: Land Appeal / Ruling on Maintainability of Appeal
Outcome: Appeal struck out as incompetent with costs
Legal Topics: Appealability of Orders, Ex Parte Judgment, Setting Aside Ex Parte Decree
Source Language: English

Civil Procedure Land Law Appealability of Orders Ex Parte Judgment Setting Aside Ex Parte Decree

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Parties

Leonard Qamunga

Appellant

Marang' Village Council

Respondent

Procedural Posture

Land Appeal / Ruling on Maintainability of Appeal

Legal Issues

1 Whether an order setting aside an ex-parte judgment is appealable

Ratio Decidendi

The appeal is incompetent because an order setting aside an ex-parte judgment does not finally determine the suit and is not appealable under the Civil Procedure Code.

Court Disposition

Appeal struck out as incompetent with costs

Orders

Appeal struck out with costs
DLHT's record to be remitted to the trial tribunal