method ignas vs alanius alex 2021 tzhc 9342 14 december 2021

The appeal was filed in the High Court registry instead of the District Land and Housing Tribunal as required by Section 38(2) of Cap. 216 R: E 2019, rendering it incompetent and necessitating its striking out.

Citation: method ignas vs alanius alex 2021 tzhc 9342 14 december 2021
Parties: Appellant: Method Ignas; Respondent: Alanius Alex
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 14 December 2021
Procedural Posture: Miscellaneous Land Appeal / Ruling on Preliminary Objections
Outcome: appeal struck out with costs
Legal Topics: Appeals, Registry Filing Requirements, Execution of Decrees
Source Language: English

Civil Procedure Land Law Appeals Registry Filing Requirements Execution of Decrees

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 1

Parties

Method Ignas

Appellant

Alanius Alex

Respondent

Procedural Posture

Miscellaneous Land Appeal / Ruling on Preliminary Objections

Legal Issues

1 Whether the appeal was filed in the proper registry as required by law
2 Whether the appeal was brought under the proper document as per statutory directions
3 Whether payment of fees was properly made

Ratio Decidendi

Court Disposition

appeal struck out with costs

Orders

Appeal No. 26 of 2021 is struck out for being filed in the wrong registry contrary to section 38(1) of the Land Disputes Courts Act Cap. 216 R: E 2019.
Costs awarded to the respondent.