abdulkarim abbas 2 others vs gordon mwambululu 2021 tzhc 9480 15 december 2021
Wrong citation of case number in the memorandum of appeal is not fatal where the error originated from the court and no injustice is occasioned; the appropriate remedy is to allow amendment to reflect the correct case number.
- Citation
- abdulkarim abbas 2 others vs gordon mwambululu 2021 tzhc 9480 15 december 2021
- Parties
- Appellant: Abdulkarim Abbas; Appellant: Abbas Mchanginonya; Appellant: Zaire Mwanda; Respondent: Gordon Mwambululu
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 15 December 2021
- Procedural Posture
- Land Appeal / Ruling on Preliminary Objection
- Outcome
- preliminary objection overruled
- Legal Topics
- Preliminary Objection, Wrong Case Number, Amendment of Pleadings, Overriding Objective Principle
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Abdulkarim Abbas
Appellant
Abbas Mchanginonya
Appellant
Zaire Mwanda
Appellant
Gordon Mwambululu
Respondent
Procedural Posture
Land Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether wrong citation of case number in the memorandum of appeal is fatal and renders the appeal incompetent
Ratio Decidendi
Wrong citation of case number in the memorandum of appeal is not fatal where the error originated from the court and no injustice is occasioned; the appropriate remedy is to allow amendment to reflect the correct case number.
Court Disposition
preliminary objection overruled
Orders
- Appellants to amend the memorandum of appeal to reflect Application No. 67 of 2019 within thirty (30) days
- Appellants to attach documents bearing Application No. 67 of 2019
Full Case Text
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