20170406 TZHC Dar es Salaam

20170406 TZHC Dar es Salaam

The appeal was dismissed as incompetent because the Memorandum of Appeal was not accompanied by a copy of the decree as mandatorily required by Order XXXIX Rule 1(1) of the Civil Procedure Code, and there was no evidence that the court had dispensed with this requirement.

Citation
20170406 TZHC Dar es Salaam
Parties
Appellant: Rev. Stephen Paulo Mhembano; Appellant: Yonah Paulo Mhembano; Appellant: Nahori Paulo Mhembano; Respondent: Enock Paulo Mhembano
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 April 2017
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
Appeal dismissed as incompetent with costs.
Legal Topics
Appeal Procedure, Limitation of Actions, Adverse Possession, Estate Administration
Source Language
English
Land Law Civil Procedure Appeal Procedure Limitation of Actions Adverse Possession Estate Administration

Case Brief

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Parties

Rev. Stephen Paulo Mhembano

Appellant

Yonah Paulo Mhembano

Appellant

Nahori Paulo Mhembano

Appellant

Enock Paulo Mhembano

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appeal was competent in light of procedural requirements under Order XXXIX Rule 1 of the Civil Procedure Code
  2. 2 Whether doctrines of prescription and adverse possession applied to the facts
  3. 3 Whether the tribunal erred in its assessment of evidence and witness credibility

Ratio Decidendi

The appeal was dismissed as incompetent because the Memorandum of Appeal was not accompanied by a copy of the decree as mandatorily required by Order XXXIX Rule 1(1) of the Civil Procedure Code, and there was no evidence that the court had dispensed with this requirement.

Court Disposition

Appeal dismissed as incompetent with costs.

Orders

  • Appeal dismissed with costs.