20191202 TZCA Arusha

20191202 TZCA Arusha

The appeal was incompetent due to an incomplete record of appeal and a defective drawn order. There were no exceptional circumstances justifying the exercise of revisional jurisdiction by the Court of Appeal. The defects were not remedied by the appellants, and the Court declined to intervene in revision or grant unrequested remedies.

Citation
20191202 TZCA Arusha
Parties
Appellants: Magesa Lang'asani and Esta Lang'asani; Respondent: Saada Iddi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 December 2019
Procedural Posture
Civil Appeal / Ruling on Competence of Appeal
Outcome
appeal struck out as incompetent
Legal Topics
Appeal Competence, Record of Appeal, Revisional Jurisdiction, Locus Standi, Adverse Possession
Source Language
English
Civil Procedure Land Law Appeal Competence Record of Appeal Revisional Jurisdiction Locus Standi Adverse Possession

Case Brief

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Parties

Magesa Lang'asani and Esta Lang'asani

Appellants

Saada Iddi

Respondent

Procedural Posture

Civil Appeal / Ruling on Competence of Appeal

Legal Issues

  1. 1 Whether the appeal is competent in light of missing tribunal proceedings and a defective drawn order
  2. 2 Whether the Court of Appeal should exercise revisional jurisdiction to nullify lower court proceedings due to alleged procedural irregularities

Ratio Decidendi

The appeal was incompetent due to an incomplete record of appeal and a defective drawn order. There were no exceptional circumstances justifying the exercise of revisional jurisdiction by the Court of Appeal. The defects were not remedied by the appellants, and the Court declined to intervene in revision or grant unrequested remedies.

Court Disposition

appeal struck out as incompetent

Orders

  • Appeal struck out for incompleteness of record and defective drawn order
  • No order as to costs