said abdallah kinyanyite vs fatuma hassan another 2005 tzhc 226 16 february 2005

An appeal does not lie against an order dismissing an application for non-appearance; the proper remedy is to apply to set aside the dismissal order in the trial court.

Citation: said abdallah kinyanyite vs fatuma hassan another 2005 tzhc 226 16 february 2005
Parties: Appellant: Said Abdallah Kinyanyite; 1st Respondent: Fatuma Hassan; 2nd Respondent: Jibrea Auction Mart
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 16 February 2005
Procedural Posture: Civil Appeal / Ruling on Preliminary Objection
Outcome: appeal dismissed
Legal Topics: Appeals, Dismissal for Non Appearance, Execution Proceedings, Preliminary Objection
Source Language: English

Civil Procedure Appeals Dismissal for Non Appearance Execution Proceedings Preliminary Objection

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Parties

Said Abdallah Kinyanyite

Appellant

Fatuma Hassan

1st Respondent

Jibrea Auction Mart

2nd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

1 Whether an appeal lies against an order dismissing an application for non-appearance in objection proceedings
2 Whether the proper procedure after such dismissal is to file a suit or to apply for setting aside the dismissal order

Ratio Decidendi

An appeal does not lie against an order dismissing an application for non-appearance; the proper remedy is to apply to set aside the dismissal order in the trial court.

Court Disposition

appeal dismissed

Orders

Appellant's appeal dismissed
Each party to bear its own costs