20170306 TZCA Dar es Salaam

20170306 TZCA Dar es Salaam

The appeal is incompetent because the record of appeal is incomplete for omitting the order granting leave to appeal, and because the drawn order bears a date different from the date of the ruling, both defects contravening mandatory procedural requirements.

Citation
20170306 TZCA Dar es Salaam
Parties
Appellant: Bank M (Tanzania) Limited; Respondent: Enock Mwakyusa
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
6 March 2017
Procedural Posture
Civil Appeal / Ruling on Preliminary Objections Regarding Competence of Appeal
Outcome
Appeal struck out with costs
Legal Topics
Appeal Competence, Record of Appeal Completeness, Leave to Appeal, Variance of Dates in Orders and Rulings
Source Language
English
Labour Law Civil Procedure Appeal Competence Record of Appeal Completeness Leave to Appeal Variance of Dates in Orders and Rulings

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Parties

Bank M (Tanzania) Limited

Appellant

Enock Mwakyusa

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objections Regarding Competence of Appeal

Legal Issues

  1. 1 Whether the omission of the order granting leave to appeal renders the appeal incompetent
  2. 2 Whether the variance of dates between the ruling and the drawn order renders the appeal incompetent

Ratio Decidendi

The appeal is incompetent because the record of appeal is incomplete for omitting the order granting leave to appeal, and because the drawn order bears a date different from the date of the ruling, both defects contravening mandatory procedural requirements.

Court Disposition

Appeal struck out with costs

Orders

  • The appeal is struck out for incompetence due to incomplete record and variance of dates between ruling and drawn order.
  • Costs awarded to the respondent.