vodka rojas vs ntakobagira balibusta 2021 tzhc 2682 29 march 2021

vodka rojas vs ntakobagira balibusta 2021 tzhc 2682 29 march 2021

Section 49(3) of the Magistrates Courts Act expressly bars appeals against orders made under section 47 or 48, including orders transferring suits; therefore, the present appeal is incompetent and cannot be entertained.

Citation
vodka rojas vs ntakobagira balibusta 2021 tzhc 2682 29 march 2021
Parties
Appellant: Vodka s/o Rojas; Respondent: Ntakobagira s/o Balibusta
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 March 2021
Procedural Posture
Civil Appeal / Ruling on Competence of Appeal
Outcome
appeal dismissed as incompetent
Legal Topics
Appealability of Interlocutory Orders, Jurisdiction, Transfer of Suits
Source Language
English
Civil Procedure Appealability of Interlocutory Orders Jurisdiction Transfer of Suits

Case Brief

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Parties

Vodka s/o Rojas

Appellant

Ntakobagira s/o Balibusta

Respondent

Procedural Posture

Civil Appeal / Ruling on Competence of Appeal

Legal Issues

  1. 1 Whether an appeal lies against an order transferring a suit from Primary Court to District Court under section 47(1)(b) of the Magistrates Courts Act
  2. 2 Whether section 49(3) of the Magistrates Courts Act bars such an appeal

Ratio Decidendi

Section 49(3) of the Magistrates Courts Act expressly bars appeals against orders made under section 47 or 48, including orders transferring suits; therefore, the present appeal is incompetent and cannot be entertained.

Court Disposition

appeal dismissed as incompetent

Orders

  • No order as to costs