ramadhani haji abdulkarim vs harbart marwa familyinvestments others 2016 tzca 931 5 december 2016

ramadhani haji abdulkarim vs harbart marwa familyinvestments others 2016 tzca 931 5 december 2016

Failure to serve the third respondent with a copy of the letter applying for proceedings, ruling and order as required by Rule 90(2) of the Tanzania Court of Appeal Rules, 2009, rendered the appeal time barred and incompetent.

Citation
ramadhani haji abdulkarim vs harbart marwa familyinvestments others 2016 tzca 931 5 december 2016
Parties
Appellant: Ramadhani Haji Abdulkarim; 1st Respondent: Harbart Marwa & Family Investments; 2nd Respondent: Harbart Marwa; 3rd Respondent: Dr. Lubero Bakari Mvungi; 4th Respondent: Al Haji Anzurun Jumanne Mungula
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 December 2016
Procedural Posture
Civil Appeal / Preliminary Objection Ruling
Outcome
appeal struck out as incompetent
Legal Topics
Appeal Time Limitation, Service of Documents, Party Misdescription
Source Language
English
Civil Procedure Land Law Appeal Time Limitation Service of Documents Party Misdescription

Case Brief

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Parties

Ramadhani Haji Abdulkarim

Appellant

Harbart Marwa & Family Investments

1st Respondent

Harbart Marwa

2nd Respondent

Dr. Lubero Bakari Mvungi

3rd Respondent

Al Haji Anzurun Jumanne Mungula

4th Respondent

Procedural Posture

Civil Appeal / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the appeal is time barred due to failure to serve the third respondent with a copy of the letter applying for proceedings
  2. 2 Whether the order appealed from is appealable
  3. 3 Whether the memorandum of appeal improperly cites a party not contemplated in the High Court ruling

Ratio Decidendi

Failure to serve the third respondent with a copy of the letter applying for proceedings, ruling and order as required by Rule 90(2) of the Tanzania Court of Appeal Rules, 2009, rendered the appeal time barred and incompetent.

Court Disposition

appeal struck out as incompetent

Orders

  • appeal struck out with costs