pardeep singh hans vs merey ally saleh others 2021 tzca 587 13 october 2021

pardeep singh hans vs merey ally saleh others 2021 tzca 587 13 october 2021

A notice of appeal cannot be maintained against an interlocutory order that does not finally determine the suit, as no right of appeal exists in such circumstances under section 5(2)(d) of the Appellate Jurisdiction Act. No exceptional circumstances can override this statutory bar.

Citation
pardeep singh hans vs merey ally saleh others 2021 tzca 587 13 october 2021
Parties
Applicant: Pardeep Singh Hans; 1st Respondent: Merey Ally Saleh; 2nd Respondent: Islam Ally Saleh; 3rd Respondent: Dar es Salaam Cement Co. Ltd; 4th Respondent: Amsons Industries (T) Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 October 2021
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome
Application granted
Legal Topics
Interlocutory Orders, Right of Appeal, Notice of Appeal, Jurisdiction
Source Language
English
Civil Procedure Appellate Practice Interlocutory Orders Right of Appeal Notice of Appeal Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Pardeep Singh Hans

Applicant

Merey Ally Saleh

1st Respondent

Islam Ally Saleh

2nd Respondent

Dar es Salaam Cement Co. Ltd

3rd Respondent

Amsons Industries (T) Ltd

4th Respondent

Procedural Posture

Civil Application / Ruling on Application to Strike Out Notice of Appeal

Legal Issues

  1. 1 Whether a notice of appeal can be maintained against an interlocutory order that does not finally determine the suit
  2. 2 Whether exceptional circumstances exist to justify an appeal against such an order

Ratio Decidendi

A notice of appeal cannot be maintained against an interlocutory order that does not finally determine the suit, as no right of appeal exists in such circumstances under section 5(2)(d) of the Appellate Jurisdiction Act. No exceptional circumstances can override this statutory bar.

Court Disposition

Application granted

Orders

  • Notice of appeal lodged on 02.08.2019 struck out
  • Applicant awarded costs of the application