PETER PETER JUNIOR scanned

PETER PETER JUNIOR scanned

The order granting leave to file an application to set aside ex parte judgment is interlocutory and does not finally determine the rights of the parties; therefore, it is not appealable and the appeal is premature.

Citation
PETER PETER JUNIOR scanned
Parties
Appellant: Peter Peter Junior; Appellant: Rashid Khamis Abdallah; Respondent: Eunice Mbwana Kihamia; Respondent: Elizabeth Charles Kihamia; Respondent: Rozy Charles Kihamia
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 July 2024
Procedural Posture
Land Appeal / Appeal Against Interlocutory Order
Outcome
Appeal struck out as premature
Legal Topics
Appealability of Interlocutory Orders, Extension of Time, Setting Aside Ex Parte Judgment
Source Language
English
Civil Procedure Land Law Appealability of Interlocutory Orders Extension of Time Setting Aside Ex Parte Judgment

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Parties

Peter Peter Junior

Appellant

Rashid Khamis Abdallah

Appellant

Eunice Mbwana Kihamia

Respondent

Elizabeth Charles Kihamia

Respondent

Rozy Charles Kihamia

Respondent

Procedural Posture

Land Appeal / Appeal Against Interlocutory Order

Legal Issues

  1. 1 Whether the ruling granting leave to file an application to set aside ex parte judgment out of time is appealable
  2. 2 Whether the order is interlocutory or final

Ratio Decidendi

The order granting leave to file an application to set aside ex parte judgment is interlocutory and does not finally determine the rights of the parties; therefore, it is not appealable and the appeal is premature.

Court Disposition

Appeal struck out as premature

Orders

  • The entire appeal is struck out with no orders as to costs