tito lumashi vs shafik meral another 2008 tzhc 125 24 october 2008

tito lumashi vs shafik meral another 2008 tzhc 125 24 october 2008

The appeal was dismissed because the order appealed against was interlocutory and not appealable, and the application before the trial court was not filed in accordance with the mandatory procedural requirements under the Civil Procedure Code.

Source-derived case information.

Citation
tito lumashi vs shafik meral another 2008 tzhc 125 24 october 2008
Parties
Appellant: Tito Lumashi; Respondent: Shafik Meral; Respondent: Audax Mulokozi J
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 October 2008
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Appealability of Interlocutory Orders, Form of Applications, Preliminary Objections
Source Language
english
Civil Procedure Appealability of Interlocutory Orders Form of Applications Preliminary Objections

Source-derived case record

Summary, issues, holding and outcome

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Parties

Tito Lumashi

Appellant

Shafik Meral

Respondent

Audax Mulokozi J

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the order striking out the application was appealable
  2. 2 Whether the application was properly filed in accordance with procedural law

Ratio Decidendi

The appeal was dismissed because the order appealed against was interlocutory and not appealable, and the application before the trial court was not filed in accordance with the mandatory procedural requirements under the Civil Procedure Code.

Court Disposition

appeal dismissed

Orders

  • Main suit to proceed to its finality as scheduled
  • No order as to costs