mohamed amiry namlopa vs zahani khamis 2023 tzhc 23092 28 november 2023

Reference under Order XLI rule 1 is not intended to challenge decisions already made by the trial court; it is for guidance on undecided points of law or usage. The reference is incompetent as the trial court had already decided the matters in question.

Citation: mohamed amiry namlopa vs zahani khamis 2023 tzhc 23092 28 november 2023
Parties: Applicant: Mohamed Amiry Nalompa; Respondent: Zaharani Khamis
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 28 November 2023
Procedural Posture: Civil Reference / Judgment
Outcome: reference dismissed
Legal Topics: Reference Procedure, Interlocutory Orders, Judgment on Admission, Admissibility of Exhibits
Source Language: English

Civil Procedure Reference Procedure Interlocutory Orders Judgment on Admission Admissibility of Exhibits

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

Parties

Mohamed Amiry Nalompa

Applicant

Zaharani Khamis

Respondent

Procedural Posture

Civil Reference / Judgment

Legal Issues

1 Whether interlocutory decisions of the trial court can be referred to the High Court under Order XLI rule 1 of the Civil Procedure Code
2 Whether Order XLI rule 1 permits reference of matters already decided by the trial court

Ratio Decidendi

Court Disposition

reference dismissed

Orders

Costs shall be in the course of the proceedings at the trial court.
The trial court is directed to proceed with the trial from the stage it stopped.