In Civil Case No. 267 of 1998 before the High Court of
Tanzania (Dar es Salaam Registry), Mrs. Nora Kassanga, the plaintiff/1st
Respondent sued Mr. Mathew Ibrahim Kassanga (1st defendant/ 2nd
Respondent), International Engineering Consultancy Services Ltd (2nd
defendant/Appellant) and Azan Seif Hemed (former 3rd Defendant) for
having conveyed a House No. 647 Block âFâ Msasani Village under L.O. No.
154321, Title No. 44132 from the 2nd Respondent to the Appellant who
later conveyed the same to the former 3rd defendant.
The defendants [2nd Respondent, Appellant and former
3rd defendant] jointly and severally denied the claims. In the
judgment handed down on 31/12/2014 the court granted the suit. Aggrieved by
that decision, the Appellant brought this appeal to this Court. In reply to the
memorandum of appeal, the 2nd Respondent raised several points of
preliminary objection. Since a notice of preliminary objection was raised on
the appeal, the Court allowed the same to be heard first before the appeal
could be heard on merit.