mitalami langasani others vs saada iddi 2019 tzca 433 3 december 2019

mitalami langasani others vs saada iddi 2019 tzca 433 3 december 2019

The appeal was incompetent due to the omission of the trial tribunal proceedings and a defective drawn order. No exceptional circumstances justified the exercise of revisional powers. The appeal was struck out.

Citation
mitalami langasani others vs saada iddi 2019 tzca 433 3 december 2019
Parties
Appellant: Mitalami Lang'asani; Appellant: Hassan Lang'asani; Appellant: Esta Lang'asani; Respondent: Saada Iddi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 December 2019
Procedural Posture
Civil Appeal / Ruling on Competence of Appeal
Outcome
Appeal struck out as incompetent
Legal Topics
Appeal Competence, Revisionary Powers, Locus Standi, Adverse Possession, Defective Record of Appeal
Source Language
English
Civil Procedure Land Law Appeal Competence Revisionary Powers Locus Standi Adverse Possession Defective Record of Appeal

Case Brief

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Parties

Mitalami Lang'asani

Appellant

Hassan Lang'asani

Appellant

Esta Lang'asani

Appellant

Saada Iddi

Respondent

Procedural Posture

Civil Appeal / Ruling on Competence of Appeal

Legal Issues

  1. 1 Whether the appeal is competent in light of missing tribunal proceedings and a defective drawn order
  2. 2 Whether the Court of Appeal should exercise revisional powers to address alleged illegalities in lower court proceedings

Ratio Decidendi

The appeal was incompetent due to the omission of the trial tribunal proceedings and a defective drawn order. No exceptional circumstances justified the exercise of revisional powers. The appeal was struck out.

Court Disposition

Appeal struck out as incompetent

Orders

  • Appeal struck out
  • No order as to costs