20140522 TZCA Mbeya2
The impugned order was interlocutory and did not finally determine the suit, and no leave to appeal was obtained as required by law, rendering the appeal incompetent.
Source-derived case information.
- Citation
- 20140522 TZCA Mbeya2
- Parties
- Appellant: Lucy Daniel Mpiluka; Appellant: Julius Makombe; Appellant: Theresia Makombe; Respondent: FINCA Tanzania; Respondent: YONO Auction Mart & Co. Ltd; Respondent: Hamis Mwaikambo
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 22 May 2014
- Procedural Posture
- Civil Appeal / Ruling on Competence of Appeal
- Outcome
- appeal struck out as incompetent
- Legal Topics
- Appealability of Interlocutory Orders, Leave to Appeal, Land Disputes
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Daniel Mpiluka
Appellant
Julius Makombe
Appellant
Theresia Makombe
Appellant
FINCA Tanzania
Respondent
YONO Auction Mart & Co. Ltd
Respondent
Hamis Mwaikambo
Respondent
Procedural Posture
Civil Appeal / Ruling on Competence of Appeal
Legal Issues
- 1 Whether the order appealed against was appealable under section 5(2)(d) of the Appellate Jurisdiction Act, Cap 141 R.E. 2002
- 2 Whether leave to appeal was required and obtained under section 47(1) of the Land Disputes Court Act, Cap 216 R.E. 2002
Ratio Decidendi
The impugned order was interlocutory and did not finally determine the suit, and no leave to appeal was obtained as required by law, rendering the appeal incompetent.
Court Disposition
appeal struck out as incompetent
Orders
- Appeal struck out
- No order as to costs
Full Case Text
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