azim suleiman premji vs attorney general and another 1999 tzca 26 13 august 1999

azim suleiman premji vs attorney general and another 1999 tzca 26 13 august 1999

The preliminary objection is dismissed because the appellant complied with the rules regarding service and the record of appeal was not defective in a manner that would render the appeal incompetent.

Citation
azim suleiman premji vs attorney general and another 1999 tzca 26 13 august 1999
Parties
Appellant: Azim Suleman Premji; Respondent: The Attorney General; Respondent: Dr. Aman Walid Kabourou
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 August 1999
Procedural Posture
Civil Appeal / Preliminary Objection Before Hearing of Appeal
Outcome
preliminary objection dismissed
Legal Topics
Service of Process, Record of Appeal, Right to Counsel
Source Language
English
Civil Procedure Service of Process Record of Appeal Right to Counsel

Case Brief

Summary, issues, holding and outcome

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Parties

Azim Suleman Premji

Appellant

The Attorney General

Respondent

Dr. Aman Walid Kabourou

Respondent

Procedural Posture

Civil Appeal / Preliminary Objection Before Hearing of Appeal

Legal Issues

  1. 1 Whether failure to serve the memorandum and record of appeal within seven days renders the appeal incompetent
  2. 2 Whether the record of appeal is incomplete for not containing the original petition
  3. 3 Whether service on an advocate no longer representing a party is valid

Ratio Decidendi

The preliminary objection is dismissed because the appellant complied with the rules regarding service and the record of appeal was not defective in a manner that would render the appeal incompetent.

Court Disposition

preliminary objection dismissed

Orders

  • Appeal to proceed to hearing on merits