linus swai vs msimu kombo meela 2024 tzca 152 29 february 2024
The adjournment order is interlocutory and does not finally determine the suit; therefore, revision is barred by section 5(2)(d) of the Appellate Jurisdiction Act.
- Citation
- linus swai vs msimu kombo meela 2024 tzca 152 29 february 2024
- Parties
- Applicant: Linus Swai; Respondent: Msimu Kombo Meela
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 29 February 2024
- Procedural Posture
- Civil Application for Revision / Ruling on Preliminary Objection
- Outcome
- Application struck out for want of jurisdiction; applicant condemned to pay costs.
- Legal Topics
- Revision, Interlocutory Orders, Jurisdiction, Costs
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Linus Swai
Applicant
Msimu Kombo Meela
Respondent
Procedural Posture
Civil Application for Revision / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the adjournment order with costs is amenable to revision under section 5(2)(d) of the Appellate Jurisdiction Act
Ratio Decidendi
The adjournment order is interlocutory and does not finally determine the suit; therefore, revision is barred by section 5(2)(d) of the Appellate Jurisdiction Act.
Court Disposition
Application struck out for want of jurisdiction; applicant condemned to pay costs.
Orders
- Application struck out
- Applicant to pay costs
Full Case Text
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