JITESH JAYANTILAL LADWA AND ANOTHER VS. DHIRAJLAL WALJI LADWA AND 2 OTHERS. CIVIL APPEAL NO. 435 OF 2020

Abstract

Held; i. Interlocutory orders are one that do not completely dispose of all issues o f law and fact that were presented to the court and the proceedings from which they emanate interlocutory proceedings. ii. No appeal or application for revision shall lie against or be made in respect o f any preliminary or interlocutory decision or order o f the High Court unless such decision or order has the effect of finally determining the suit. iii. It is clear that an interlocutory ruling or order is not appealable save where it had the effect o f finally determining the charge, suit or petition. iv. there are some technicalities that can be ignored without causing injustice to the parties. We are alive to the principle of the overriding objective, which is incorporated under section 3 of the AJA and incorporated in the amended Rule 2 of the Court of Appeal of Tanzania Rules Noteworthy that, that this principle is not supposed to blindly disregard the rules of procedure couched in mandatory terms but is there to also ensure that they are applied and determined justly.