20130225 TZHC Iringa 1

The appeal is incompetent due to non-compliance with the mandatory requirement that the decree must bear the date of the judgment as stipulated by Order XX Rule 7 of the Civil Procedure Code.

Citation: 20130225 TZHC Iringa 1
Parties: Appellant: Daniel Chengula as a personal legal Representative of the late Emmanuel Chengula; 1st Respondent: Consolidated Holding Corporation; 2nd Respondent: Charles Msigwa
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 25 February 2013
Procedural Posture: Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome: Appeal struck out as incompetent
Legal Topics: Mortgage, Fraud, Decree Formalities, Appeal Competence
Source Language: English

Civil Procedure Land Law Mortgage Fraud Decree Formalities Appeal Competence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Daniel Chengula as a personal legal Representative of the late Emmanuel Chengula

Appellant

Consolidated Holding Corporation

1st Respondent

Charles Msigwa

2nd Respondent

Procedural Posture

Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

1 Whether the mortgage transaction was tainted with fraud due to misrepresentation of identity
2 Whether the decree complied with mandatory procedural requirements under Order XX Rule 7 of the Civil Procedure Code
3 Whether the Tribunal properly evaluated the evidence

Ratio Decidendi

The appeal is incompetent due to non-compliance with the mandatory requirement that the decree must bear the date of the judgment as stipulated by Order XX Rule 7 of the Civil Procedure Code.

Court Disposition

Appeal struck out as incompetent

Orders

Appeal struck out for non-compliance with Order XX Rule 7 of the Civil Procedure Code
No order as to costs