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Tanzania decisions
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The application was struck out because it sought leave to appeal an interlocutory order that did not finally determine the suit, contrary to Section 5(2)(d) of the Appellate Jurisdiction Act.
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The Court of Appeal struck out an appeal from refusal of a temporary injunction, holding the order was interlocutory and did not finally determine the petition.
The High Court's dismissal of the application for temporary injunction was interlocutory and did not finally determine the pending petition; therefore, the appeal is barred by section 5(2)(d) of the Appellate Jurisdiction Act and is incompetent.
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The amendment to Section 5(2)(d) of the Appellate Jurisdiction Act, 1979 does not apply retrospectively to appeals instituted before its enactment; the appeal is not barred and the preliminary objection is without merit.
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