19970424 TZHC Mbeya
The appeal was not competent because it was against an interlocutory order that did not conclusively determine the rights of the parties; such orders are not appealable as of right.
- Citation
- 19970424 TZHC Mbeya
- Parties
- Appellant: Unknown (Appellant); Respondent: Dengwa Chando
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 24 April 1997
- Procedural Posture
- Civil Appeal / Appeal Against Interlocutory Order
- Outcome
- appeal dismissed
- Legal Topics
- Appealability of Interlocutory Orders, Limitation Period, Fraud in Civil Suits
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Parties
Unknown (Appellant)
Appellant
Dengwa Chando
Respondent
Procedural Posture
Civil Appeal / Appeal Against Interlocutory Order
Legal Issues
- 1 Whether an appeal lies as of right against an interlocutory order that does not conclusively determine the rights of the parties
- 2 Whether the trial court erred in not addressing section 26 of the Limitation Act 1971 regarding fraud
Ratio Decidendi
The appeal was not competent because it was against an interlocutory order that did not conclusively determine the rights of the parties; such orders are not appealable as of right.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed with costs.
Full Case Text
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