robert francis kawishe vs workers development corporation ltd 2013 tzhc 2247 22 february 2013

The appeal is incompetent as it challenges an interlocutory order that does not finally determine the case, and such orders are not appellable under Regulation 22 of the Land Dispute Courts Act Regulations, 2002.

Citation: robert francis kawishe vs workers development corporation ltd 2013 tzhc 2247 22 february 2013
Parties: Appellant: Robert Francis Kawishe; Respondent: Workers Development Corporation (T) Ltd
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 22 February 2013
Procedural Posture: Land Case Appeal / Appeal Against Interlocutory Order of District Land and Housing Tribunal
Outcome: Appeal struck out with costs
Legal Topics: Appealability of Interlocutory Orders, Admission of Documents, Procedural Technicalities
Source Language: English

Land Law Civil Procedure Appealability of Interlocutory Orders Admission of Documents Procedural Technicalities

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Parties

Robert Francis Kawishe

Appellant

Workers Development Corporation (T) Ltd

Respondent

Procedural Posture

Land Case Appeal / Appeal Against Interlocutory Order of District Land and Housing Tribunal

Legal Issues

1 Whether an appeal lies against an interlocutory order refusing admission of documents in the District Land and Housing Tribunal
2 Whether the Tribunal erred in law by rejecting documents not annexed at filing

Ratio Decidendi

Court Disposition

Appeal struck out with costs

Orders

Appeal struck out as incompetent
Matter remitted to the District Land and Housing Tribunal for continuation of defence hearing