magidi abdulrahaman vs anitha nickson mdete 2014 tzhc 2107 19 september 2014

magidi abdulrahaman vs anitha nickson mdete 2014 tzhc 2107 19 september 2014

The appeal was incompetent as the appellant failed to first apply to set aside the ex parte judgment as required by law, and in any event, the sale and transfer of the suit premises to the respondent was lawful and properly executed by the administratrix before any restraining order was issued.

Citation
magidi abdulrahaman vs anitha nickson mdete 2014 tzhc 2107 19 september 2014
Parties
Appellant: Magidi Abdulrahaman; Respondent: Anitha Nickson Mdete
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 September 2014
Procedural Posture
Land Appeal / Judgment on Appeal From Ex Parte Decision
Outcome
Appeal dismissed with costs
Legal Topics
Ex Parte Judgments, Setting Aside Ex Parte Decrees, Powers of Administratrix, Transfer of Property, Appeals Procedure
Source Language
English
Land Law Civil Procedure Probate and Administration Ex Parte Judgments Setting Aside Ex Parte Decrees Powers of Administratrix Transfer of Property Appeals Procedure

Case Brief

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Parties

Magidi Abdulrahaman

Appellant

Anitha Nickson Mdete

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From Ex Parte Decision

Legal Issues

  1. 1 Whether an appeal lies directly against an ex parte judgment without first applying to set it aside
  2. 2 Whether the sale of the suit premises to the respondent was lawful given the pending application to remove the administratrix
  3. 3 Whether the respondent was entitled to vacant possession

Ratio Decidendi

The appeal was incompetent as the appellant failed to first apply to set aside the ex parte judgment as required by law, and in any event, the sale and transfer of the suit premises to the respondent was lawful and properly executed by the administratrix before any restraining order was issued.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay costs