The Applicant sued the Respondents in the High Court
Commercial Division for a dishonoured cheque issued by the Respondents to repay
a loan they had raised from the Applicant. The cheque bounced after which the
Respondents failed to settle the debt giving rise to summary suit. The
Respondents allegedly declined to accept summons causing the trial judge to
enter an ex-parte judgment and decree. The Respondents applied for stay
of execution, an order for setting aside the ex-parte judgment and
decree, and leave to appear and defend the suit. The trial court allowed the
applications on various conditions including an order directing the Respondent
to deposit in court the sum of Tshs. 33,700,000/= within two weeks from the
date of the order. The Respondents were dissatisfied with the cash deposit
order so they filed a Notice of Appeal to challenge this order. The Applicant
filed an application seeking an order to strike out the Notice of Appeal on the
grounds that the Notice of Appeal contravened the provisions of section 5 (2)
(d) of the Appellate Jurisdiction Act, 1979 in that the cash deposit order,
being an interlocutory order, was not appealable; and no leave had been sought
and obtained to appeal against the said order.