atashasta owen vs simon cyprian manjulungu 2020 tzhc 4027 17 november 2020
The appeal was filed in contravention of the law by not attaching a copy of the decree, rendering it incompetent and liable to be struck out with costs.
Source-derived case information.
- Citation
- atashasta owen vs simon cyprian manjulungu 2020 tzhc 4027 17 november 2020
- Parties
- Appellant: Atashasta Owen; Respondent: Simon Cyprian Manjulungu
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 17 November 2020
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection
- Outcome
- appeal struck out as incompetent
- Legal Topics
- Appeals, Preliminary Objection, Decree Requirement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Atashasta Owen
Appellant
Simon Cyprian Manjulungu
Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the appeal is competent without a copy of the decree appealed from
Ratio Decidendi
The appeal was filed in contravention of the law by not attaching a copy of the decree, rendering it incompetent and liable to be struck out with costs.
Court Disposition
appeal struck out as incompetent
Orders
- appeal struck out with costs to the respondent
- preliminary objection upheld
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA AT MTWARA DC. CIVIL APPEL NO. 9 OF 2019 (Originating From Civil Case No. 3 Of 2020 In Ruangwa District Court) ATASHASTA OWEN................................................. APPELLANT VERSUS SIMON CYPRIAN MANJULUNGU............................ RESPONDENT RULING There is no dispute that the appeal filled by the appellant has been resisted by the respondent by way of the PO. Also not disputed is the fact that the appeal has been in contravention of law as it is not accompanied by a copy of the decree appealed from. This, Mr. Mohamed Manyanga, learned I advocate for the appellant has conceded to. It is prayed on part of the respondent that the appeal be struck out with costs. i nr. Manyanga maintains tnat tne court or nrst instance railed to supply them with a copy of the decree and that if the court decides to struck out the appeal then that should be without costs and order the court to supply him with the decree. I think Mr. Songea is right. This appeal was filed in contravention of the law. For that matter, it is incompetent. The consequences is to be struck out. Since this court is not seized with the original record of the trial court, the prayer on part of the appellant to be supplied with a copy of the decree can not be granted. Since the applicant was aware of the legal consequences of filing an appeal in contravention of the law, he cannot blame if he is condemned to meet costs for this matter. Consequently, the appeal is struck out with costs to the respondent. PO is upheld. W.P. tJYANSOBERA JUDGE 17.11.2020 2