20081106 TZCA Dar es Salaam

20081106 TZCA Dar es Salaam

The appeal was struck out as incompetent because the order appealed from, which was in law a decree, was not signed by the judge as required by Order XX Rule 7 of the Civil Procedure Code 1966, rendering it invalid and the appeal incompetent.

Source-derived case information.

Citation
20081106 TZCA Dar es Salaam
Parties
Appellant: Abdallah Omari Sale; Respondent: The Honourable Minister for Labour; Respondent: The Constitution Board - Singida; Respondent: The Honourable Attorney General; Respondent: National Housing Corporation
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
6 November 2008
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out as incompetent
Legal Topics
Decree Validity, Appeal Competence, Order Signing Requirements, Limitation of Actions
Source Language
english
Civil Procedure Decree Validity Appeal Competence Order Signing Requirements Limitation of Actions

Source-derived case record

Summary, issues, holding and outcome

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Parties

Abdallah Omari Sale

Appellant

The Honourable Minister for Labour

Respondent

The Constitution Board - Singida

Respondent

The Honourable Attorney General

Respondent

National Housing Corporation

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is incompetent due to an invalid decree/order not signed by the judge as required by law
  2. 2 Whether the appeal is time barred

Ratio Decidendi

The appeal was struck out as incompetent because the order appealed from, which was in law a decree, was not signed by the judge as required by Order XX Rule 7 of the Civil Procedure Code 1966, rendering it invalid and the appeal incompetent.

Court Disposition

appeal struck out as incompetent

Orders

  • appeal struck out
  • no order as to costs