national housing corporation vs peter kassidi others 2022 tzca 475 27 july 2022

national housing corporation vs peter kassidi others 2022 tzca 475 27 july 2022

The High Court lacked jurisdiction to entertain an appeal from the DLHT's order on objection proceedings because such orders are not appellable under Order XXI Rule 62 of the CPC; the only remedy is to file a suit to establish the right to the property in dispute.

Citation
national housing corporation vs peter kassidi others 2022 tzca 475 27 july 2022
Parties
Applicant: National Housing Corporation; 1st Respondent: Peter Kassidi; 2nd Respondent: Hamisi Luswaga; 3rd Respondent: Christopher Seme; 4th Respondent: Msolopa Investment Co. Limited; 5th Respondent: Esther Bernard Kombe
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 July 2022
Procedural Posture
Civil Application for Revision / Ruling on Application for Revision
Outcome
Application allowed; High Court proceedings and orders nullified, quashed, and set aside.
Legal Topics
Objection Proceedings, Jurisdiction, Appealability of Orders, Execution of Decrees
Source Language
English
Civil Procedure Land Law Objection Proceedings Jurisdiction Appealability of Orders Execution of Decrees

Case Brief

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Parties

National Housing Corporation

Applicant

Peter Kassidi

1st Respondent

Hamisi Luswaga

2nd Respondent

Christopher Seme

3rd Respondent

Msolopa Investment Co. Limited

4th Respondent

Esther Bernard Kombe

5th Respondent

Procedural Posture

Civil Application for Revision / Ruling on Application for Revision

Legal Issues

  1. 1 Whether an appeal lies to the High Court from a DLHT order on objection proceedings under Order XXI Rule 62 of the CPC
  2. 2 Whether the High Court had jurisdiction to entertain the appeal from the DLHT

Ratio Decidendi

The High Court lacked jurisdiction to entertain an appeal from the DLHT's order on objection proceedings because such orders are not appellable under Order XXI Rule 62 of the CPC; the only remedy is to file a suit to establish the right to the property in dispute.

Court Disposition

Application allowed; High Court proceedings and orders nullified, quashed, and set aside.

Orders

  • The proceedings before the High Court are nullified.
  • The resultant orders of the High Court are quashed and set aside.