19880722 TZHC Dar es Salaam

19880722 TZHC Dar es Salaam

The person who signed and filed the memorandum of appeal had no power of attorney at the time, rendering the appeal incompetent; the instrument of power of attorney was an afterthought and not valid for the purpose of filing the appeal.

Citation
19880722 TZHC Dar es Salaam
Parties
Appellant: Andrew Lugendo; Respondent: Marko Mspitgi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 July 1988
Procedural Posture
Civil Appeal / Review Application
Outcome
application dismissed
Legal Topics
Appeal Filing, Power of Attorney, Review of Court Order
Source Language
English
Civil Procedure Appeal Filing Power of Attorney Review of Court Order

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Andrew Lugendo

Appellant

Marko Mspitgi

Respondent

Procedural Posture

Civil Appeal / Review Application

Legal Issues

  1. 1 Whether the memorandum of appeal was validly signed and filed by an authorised person
  2. 2 Whether the existence of a power of attorney at the time of filing justified review of the order striking out the appeal

Ratio Decidendi

The person who signed and filed the memorandum of appeal had no power of attorney at the time, rendering the appeal incompetent; the instrument of power of attorney was an afterthought and not valid for the purpose of filing the appeal.

Court Disposition

application dismissed

Orders

  • application for review refused
  • application dismissed with costs