20040225 TZCA Dar es Salaam

20040225 TZCA Dar es Salaam

The obligation to endorse a memorandum of appeal lies with the Registrar or appropriate official under Rule 15, not with the appellant. Failure by the Registrar to endorse does not invalidate the appeal; previous contrary decisions are overruled.

Citation
20040225 TZCA Dar es Salaam
Parties
Appellant: 21st Century Food and Packaging Ltd.; 1st Respondent: Tanzania Sugar Producers Association; 2nd Respondent: Ministry of Finance; 3rd Respondent: The Hon. Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 February 2004
Procedural Posture
Civil Appeal / Preliminary Objection on Validity of Memorandum of Appeal
Outcome
Preliminary objection dismissed with costs.
Legal Topics
Lodging and Endorsement of Appeal Documents, Role of Registrar in Appellate Procedure, Interpretation of Procedural Rules
Source Language
English
Civil Procedure Appellate Practice Lodging and Endorsement of Appeal Documents Role of Registrar in Appellate Procedure Interpretation of Procedural Rules

Case Brief

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Parties

21st Century Food and Packaging Ltd.

Appellant

Tanzania Sugar Producers Association

1st Respondent

Ministry of Finance

2nd Respondent

The Hon. Attorney General

3rd Respondent

Procedural Posture

Civil Appeal / Preliminary Objection on Validity of Memorandum of Appeal

Legal Issues

  1. 1 Whether a memorandum of appeal is invalid if not endorsed by the Registrar as per Rules 86 and Form F of the Court of Appeal Rules
  2. 2 Whether the obligation to endorse documents lies with the appellant or the Registrar

Ratio Decidendi

The obligation to endorse a memorandum of appeal lies with the Registrar or appropriate official under Rule 15, not with the appellant. Failure by the Registrar to endorse does not invalidate the appeal; previous contrary decisions are overruled.

Court Disposition

Preliminary objection dismissed with costs.

Orders

  • Preliminary objection dismissed.
  • Costs awarded to the appellant.