masasi district council vs moses ambros chiwiga others 2013 tzhc 2227 21 june 2013
The appeal was not properly before the court as it was not accompanied by a drawn order, and the order appealed from was interlocutory and not appealable under the Civil Procedure Code.
Source-derived case information.
- Citation
- masasi district council vs moses ambros chiwiga others 2013 tzhc 2227 21 june 2013
- Parties
- Appellant: Masasi District Council; 1st Respondent: Moses Ambros Chiwanga, Hamisi Saidi Nampwita & 38 Others; 2nd Respondent: Masasi - Mtwara Cooperative Union Ltd
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 21 June 2013
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection
- Outcome
- appeal dismissed with costs
- Legal Topics
- Appeals, Preliminary Objection, Interlocutory Orders
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Masasi District Council
Appellant
Moses Ambros Chiwanga, Hamisi Saidi Nampwita & 38 Others
1st Respondent
Masasi - Mtwara Cooperative Union Ltd
2nd Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the appeal is properly before the court without a drawn order attached
- 2 Whether the order appealed from is an interlocutory order not subject to appeal
Ratio Decidendi
The appeal was not properly before the court as it was not accompanied by a drawn order, and the order appealed from was interlocutory and not appealable under the Civil Procedure Code.
Court Disposition
appeal dismissed with costs
Orders
- Appeal dismissed with costs.
- Case file to be returned to the trial District Resident Magistrate for judgment on the main suit.
Full Case Text
Judgment text and source record
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