20130926 TZCA Mwanza

20130926 TZCA Mwanza

Order 21 Rule 62 is clear and non-restrictive, covering all parties in objection proceedings. No appeal lies to the Court of Appeal from the High Court order made under this rule; the only remedy is to institute a suit. The notice of appeal is therefore incompetent and must be struck out.

Citation
20130926 TZCA Mwanza
Parties
Applicant: R.S. Pedersen Transport Ltd; 1st Respondent: Kamanga Ferry Limited; 2nd Respondent: Dominic Nondo; 3rd Respondent: Richard Ndorosi Birikaa Pedersen
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 September 2013
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome
Application allowed
Legal Topics
Appeals, Attachment Before Judgment, Objection Proceedings
Source Language
English
Civil Procedure Appeals Attachment Before Judgment Objection Proceedings

Case Brief

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Parties

R.S. Pedersen Transport Ltd

Applicant

Kamanga Ferry Limited

1st Respondent

Dominic Nondo

2nd Respondent

Richard Ndorosi Birikaa Pedersen

3rd Respondent

Procedural Posture

Civil Application / Ruling on Application to Strike Out Notice of Appeal

Legal Issues

  1. 1 Whether an appeal lies to the Court of Appeal from a High Court order made under Order 21 Rule 62 of the Civil Procedure Code
  2. 2 Whether the notice of appeal should be struck out

Ratio Decidendi

Order 21 Rule 62 is clear and non-restrictive, covering all parties in objection proceedings. No appeal lies to the Court of Appeal from the High Court order made under this rule; the only remedy is to institute a suit. The notice of appeal is therefore incompetent and must be struck out.

Court Disposition

Application allowed

Orders

  • Notice of appeal lodged on 18th December, 2012 is struck out
  • Costs awarded to the applicant and the 2nd and 3rd Respondents