Reginald John Nolan vs Faustine Rwambali Others Civil Application No

Reginald John Nolan vs Faustine Rwambali Others Civil Application No

The ex parte proof order is interlocutory as the suit is still pending and no final judgment or decree has been delivered; however, it is also conclusive in effect as it prevents the respondents from being heard, thus the Notice of Appeal should not be struck out.

Citation
Reginald John Nolan vs Faustine Rwambali Others Civil Application No
Parties
Applicant: Reginald John Nolan; Respondents: Faustine Rwambali and 3 others
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2006
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Outcome
Application dismissed
Legal Topics
Interlocutory Orders, Right of Appeal, Ex Parte Proceedings, Notice of Appeal
Source Language
English
Civil Procedure Interlocutory Orders Right of Appeal Ex Parte Proceedings Notice of Appeal

Case Brief

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Parties

Reginald John Nolan

Applicant

Faustine Rwambali and 3 others

Respondents

Procedural Posture

Civil Application / Application to Strike Out Notice of Appeal

Legal Issues

  1. 1 Whether the order for ex parte proof is interlocutory or conclusive
  2. 2 Whether an appeal lies against the ex parte proof order

Ratio Decidendi

The ex parte proof order is interlocutory as the suit is still pending and no final judgment or decree has been delivered; however, it is also conclusive in effect as it prevents the respondents from being heard, thus the Notice of Appeal should not be struck out.

Court Disposition

Application dismissed

Orders

  • Application to strike out Notice of Appeal is dismissed
  • Costs within the cause