aeshi hilary another vs norbet joseph yamsebo 2012 tzca 130 8 october 2012

aeshi hilary another vs norbet joseph yamsebo 2012 tzca 130 8 october 2012

The record of proceedings relating to the application for determination of the amount payable as security for costs is a vital document for purposes of the appeal. Its omission from the record renders the consolidated appeals incompetent under Rule 96(1)(k) of the Tanzania Court of Appeal Rules, 2009. The appeals are struck out for want of an essential document.

Citation
aeshi hilary another vs norbet joseph yamsebo 2012 tzca 130 8 october 2012
Parties
Appellant: Aeshi Hilary; Appellant: The Attorney General; Appellant: Justus Kasalama; Appellant: Vitus Kapufi; Respondent: Norbert Joseph Yamsebo
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
8 October 2012
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection and Competence of Appeal
Outcome
appeals struck out as incompetent
Legal Topics
Security for Costs, Record of Appeal, Competence of Appeal, Election Petition
Source Language
English
Election Law Civil Procedure Security for Costs Record of Appeal Competence of Appeal Election Petition

Case Brief

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Parties

Aeshi Hilary

Appellant

The Attorney General

Appellant

Justus Kasalama

Appellant

Vitus Kapufi

Appellant

Norbert Joseph Yamsebo

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection and Competence of Appeal

Legal Issues

  1. 1 Whether omission of the record of proceedings relating to the application for determination of the amount payable as security for costs renders the appeal incompetent under Rule 96(1)(k) of the Tanzania Court of Appeal Rules, 2009

Ratio Decidendi

The record of proceedings relating to the application for determination of the amount payable as security for costs is a vital document for purposes of the appeal. Its omission from the record renders the consolidated appeals incompetent under Rule 96(1)(k) of the Tanzania Court of Appeal Rules, 2009. The appeals are struck out for want of an essential document.

Court Disposition

appeals struck out as incompetent

Orders

  • The consolidated appeals are struck out for want of an essential document under Rule 96(1)(k) of the Tanzania Court of Appeal Rules, 2009.
  • No order as to costs.