junior construction company limited others vs mantrac tanzania limited 2022 tzca 494 9 august 2022

junior construction company limited others vs mantrac tanzania limited 2022 tzca 494 9 august 2022

A judgment on admission that leaves part of the suit pending for trial is interlocutory and does not finally determine the rights of the parties; therefore, an appeal against such a judgment is incompetent under section 5(2)(d) of the Appellate Jurisdiction Act.

Citation
junior construction company limited others vs mantrac tanzania limited 2022 tzca 494 9 august 2022
Parties
1st Appellant: Junior Construction Company Limited; 2nd Appellant: Suleiman Masoud Suleiman; 3rd Appellant: Nchambi's Transporters Limited; Respondent: Mantrac Tanzania Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 August 2022
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection Regarding Appealability of Judgment on Admission
Outcome
Appeal struck out as incompetent
Legal Topics
Appealability of Interlocutory Orders, Judgment on Admission, Finality of Decisions, Appellate Jurisdiction Act Interpretation
Source Language
English
Civil Procedure Commercial Law Appealability of Interlocutory Orders Judgment on Admission Finality of Decisions Appellate Jurisdiction Act Interpretation

Case Brief

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Parties

Junior Construction Company Limited

1st Appellant

Suleiman Masoud Suleiman

2nd Appellant

Nchambi's Transporters Limited

3rd Appellant

Mantrac Tanzania Limited

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection Regarding Appealability of Judgment on Admission

Legal Issues

  1. 1 Whether a judgment on admission that does not finally determine all rights of the parties is appealable under section 5(2)(d) of the Appellate Jurisdiction Act

Ratio Decidendi

A judgment on admission that leaves part of the suit pending for trial is interlocutory and does not finally determine the rights of the parties; therefore, an appeal against such a judgment is incompetent under section 5(2)(d) of the Appellate Jurisdiction Act.

Court Disposition

Appeal struck out as incompetent

Orders

  • The appeal is struck out for being incompetent as it arises from an interlocutory judgment on admission not finally determining the suit.