adili bancorp limited vs issa hussein samma 2008 tzca 20 23 may 2008

adili bancorp limited vs issa hussein samma 2008 tzca 20 23 may 2008

A defective decree renders the appeal incompetent and incapable of being cured by a supplementary record; therefore, the appeal must be struck out with costs and there is no justification for granting leave to refile in this case.

Citation
adili bancorp limited vs issa hussein samma 2008 tzca 20 23 may 2008
Parties
Appellant: Adili Bancorp Limited; Respondent: Issa Hussein Samma
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 May 2008
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out as incompetent with costs
Legal Topics
Defective Decree, Incompetent Appeal, Supplementary Record, Leave to Refile
Source Language
English
Civil Procedure Defective Decree Incompetent Appeal Supplementary Record Leave to Refile

Case Brief

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Parties

Adili Bancorp Limited

Appellant

Issa Hussein Samma

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is incompetent due to a defective decree
  2. 2 Whether a supplementary record can cure a defective decree
  3. 3 Whether leave should be granted to refile the appeal

Ratio Decidendi

A defective decree renders the appeal incompetent and incapable of being cured by a supplementary record; therefore, the appeal must be struck out with costs and there is no justification for granting leave to refile in this case.

Court Disposition

appeal struck out as incompetent with costs

Orders

  • The incompetent appeal is struck out with costs.