access bank of tanzania limited vs mtaita adelini fokas and another 2020 tzhc 2046 28 february 2020
The appeal was struck out because it was incompetent, as the order appealed from did not finally determine the matter and the petition was not accompanied by a drawn order.
Source-derived case information.
- Citation
- access bank of tanzania limited vs mtaita adelini fokas and another 2020 tzhc 2046 28 february 2020
- Parties
- Appellant: Access Bank Tanzania Ltd; Respondent: Mtaita Adelini Fokas; Respondent: Eunice Gebra Musaya
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 February 2020
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection
- Outcome
- appeal struck out with costs
- Legal Topics
- Appeal Procedure, Striking Out Pleadings, Written Statement of Defence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Access Bank Tanzania Ltd
Appellant
Mtaita Adelini Fokas
Respondent
Eunice Gebra Musaya
Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the appeal is competent in light of the objections raised regarding the 'struck out' order and absence of a drawn order
Ratio Decidendi
The appeal was struck out because it was incompetent, as the order appealed from did not finally determine the matter and the petition was not accompanied by a drawn order.
Court Disposition
appeal struck out with costs
Orders
- Objection sustained
- Appeal struck out
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY) AT DAR ES SALAAM CIVIL APPEAL NO. 190 OF 2019 (Originating from the Resident magistrates' Court of Dar es Salaam at Kisutu, Civil Case No. 137 of 2018, Before Hon. W. A. Hamza, SRM) ACCESS BANK TANZANIA LTD........................................ APPELLANT VERSUS MTAITA ADELINI FOKAS.........................................1stRESPONDENT EUNICE GEBRA MUSAYA........................................ 2ndRESPONDENT RULING EBRAHIM. J. Upon being served with the memorandum of appeal, counsel for the respondents raised two points of objection that "struck out" order does not finalize the matter and that the petition is not accompanied by a drawn order. Counsel for the appellant conceded to the defect. Indeed, it is this court considered view that this appeal does not serve any useful purpose other than prolonging unnecessary proceedings for the detriment of court's and parties time. All the appellant had to do was to seek leave of the court and file a proper Written Statement of Defence depending on the circumstances. i I therefore sustain the objection with costs as the respondent raised the objection and struck out the appeal so that they could proceed with substantive matter on merits after following proper procedure to file a proper Written Statement of Defence at the trial court. R. A. Ebrahim JUDGE 26/ 02/2020 2