rajab rajab maringo vs zaina said kiboga another 2021 tzhclandd 6880 2 december 2021

The appeal is not competent before the court as the law bars appeals from objection proceedings; the only remedy is to institute a separate suit.

Source-derived case information.

Citation: rajab rajab maringo vs zaina said kiboga another 2021 tzhclandd 6880 2 december 2021
Parties: Appellant: Rajab Rajab Maringo; 1st Respondent: Zaina Said Kiboga; 2nd Respondent: LEP Auctioneers Co
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 2 December 2021
Procedural Posture: Land Appeal / Ruling on Appeal Competence
Outcome: appeal struck out with costs
Legal Topics: Appeal Competence, Objection Proceedings, Right to Institute Suit
Source Language: english

Civil Procedure Land Law Appeal Competence Objection Proceedings Right to Institute Suit

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Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2

Parties

Rajab Rajab Maringo

Appellant

Zaina Said Kiboga

1st Respondent

LEP Auctioneers Co

2nd Respondent

Procedural Posture

Land Appeal / Ruling on Appeal Competence

Legal Issues

1 Whether the appeal arising from objection proceedings is competent before the High Court

Ratio Decidendi

The appeal is not competent before the court as the law bars appeals from objection proceedings; the only remedy is to institute a separate suit.

Court Disposition

appeal struck out with costs

Orders

appeal struck out
costs awarded to respondents

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