zanzibar electricity corporation vs infratech limited another 2022 tzca 365 16 june 2022

zanzibar electricity corporation vs infratech limited another 2022 tzca 365 16 june 2022

The judgment on admission was interlocutory, not final, as it did not dispose of all claims between the parties; thus, the appeal is incompetent under section 5(2)(d) of the Appellate Jurisdiction Act.

Citation
zanzibar electricity corporation vs infratech limited another 2022 tzca 365 16 june 2022
Parties
Appellant: Zanzibar Electricity Corporation; 1st Respondent: Infratech Limited; 2nd Respondent: Genus Power Infrastructures Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 June 2022
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out as incompetent
Legal Topics
Appealability of Interlocutory Orders, Judgment on Admission, Finality of Orders, Preliminary Objection
Source Language
English
Civil Procedure Commercial Law Appealability of Interlocutory Orders Judgment on Admission Finality of Orders Preliminary Objection

Case Brief

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Parties

Zanzibar Electricity Corporation

Appellant

Infratech Limited

1st Respondent

Genus Power Infrastructures Limited

2nd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the judgment on admission was a final and appealable order under section 5(2)(d) of the Appellate Jurisdiction Act
  2. 2 Whether the appeal is competent in light of pending undetermined claims in the High Court

Ratio Decidendi

The judgment on admission was interlocutory, not final, as it did not dispose of all claims between the parties; thus, the appeal is incompetent under section 5(2)(d) of the Appellate Jurisdiction Act.

Court Disposition

appeal struck out as incompetent

Orders

  • Appeal struck out with costs.
  • Record remitted to the Commercial Division of the High Court to proceed with hearing of the suit on the remaining claims.