20130730 TZCA Dar es Salaam

The appeal was struck out because it arose from an interlocutory decision of the High Court which did not finally determine the suit, thus contravening section 5(2)(d) of Act 25 of 2002.

Citation: 20130730 TZCA Dar es Salaam
Parties: Appellant: Vidyadhar Girdhar Chavda; Respondent: Dr. (Firs.) In Dif.A P. Chavda
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 30 July 2013
Procedural Posture: Civil Appeal / Appeal From High Court Interlocutory Decision
Outcome: appeal struck out
Legal Topics: Appeals, Interlocutory Orders, Jurisdiction
Source Language: English

Civil Procedure Appeals Interlocutory Orders Jurisdiction

Case Brief

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Parties

Vidyadhar Girdhar Chavda

Appellant

Dr. (Firs.) In Dif.A P. Chavda

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Interlocutory Decision

Legal Issues

1 Whether the appeal is maintainable in light of section 5(2)(d) of Act 25 of 2002 barring appeals from interlocutory decisions unless they finally determine the suit

Ratio Decidendi

The appeal was struck out because it arose from an interlocutory decision of the High Court which did not finally determine the suit, thus contravening section 5(2)(d) of Act 25 of 2002.

Court Disposition

appeal struck out

Orders

No order as to costs