jitesh jayantilal ladwa another vs dhirajilal walji ladwa others 2022 tzca 526 31 august 2022

jitesh jayantilal ladwa another vs dhirajilal walji ladwa others 2022 tzca 526 31 august 2022

The appeal is incompetent because the High Court's refusal to recuse was an interlocutory order not finally determining the suit, and leave to appeal was not sought as required by law, depriving the Court of jurisdiction.

Citation
jitesh jayantilal ladwa another vs dhirajilal walji ladwa others 2022 tzca 526 31 august 2022
Parties
1st Appellant: Jitesh Jayantilal Ladwa; 2nd Appellant: Indian Ocean Hotels Limited; 1st Respondent: Dhirajlal Walji Ladwa; 2nd Respondent: Chandulal Walji Ladwa; 3rd Respondent: Nilesh Jayantilal Ladwa
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
31 August 2022
Procedural Posture
Civil Appeal / Appeal Against High Court Ruling Refusing Recusal
Outcome
Appeal struck out as incompetent with costs.
Legal Topics
Recusal of Judge, Interlocutory Orders, Leave to Appeal, Jurisdiction
Source Language
English
Civil Procedure Company Law Recusal of Judge Interlocutory Orders Leave to Appeal Jurisdiction

Case Brief

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Parties

Jitesh Jayantilal Ladwa

1st Appellant

Indian Ocean Hotels Limited

2nd Appellant

Dhirajlal Walji Ladwa

1st Respondent

Chandulal Walji Ladwa

2nd Respondent

Nilesh Jayantilal Ladwa

3rd Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Ruling Refusing Recusal

Legal Issues

  1. 1 Whether the High Court's refusal to recuse itself is appealable under section 5(2)(d) of the Appellate Jurisdiction Act
  2. 2 Whether leave to appeal was required under section 5(1)(c) of the Appellate Jurisdiction Act

Ratio Decidendi

The appeal is incompetent because the High Court's refusal to recuse was an interlocutory order not finally determining the suit, and leave to appeal was not sought as required by law, depriving the Court of jurisdiction.

Court Disposition

Appeal struck out as incompetent with costs.

Orders

  • Appeal struck out with costs.