azzori marwa mangehe vs samson odeny masony 2023 tzca 17544 28 august 2023
The appeal was incompetent as it was instituted against a deceased respondent, rendering all proceedings and orders a nullity; the Court exercised revisional powers to quash the proceedings and resultant ruling.
- Citation
- azzori marwa mangehe vs samson odeny masony 2023 tzca 17544 28 august 2023
- Parties
- Appellant: Azzori Marwa Mang'ehe; Respondent: Samson Odeny Masony; Respondent: Giliad O. Masony (As Legal Representative)
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 28 August 2023
- Procedural Posture
- Civil Appeal / Appeal From High Court Decision
- Outcome
- appeal struck out as incompetent; proceedings and ruling quashed as nullity
- Legal Topics
- Extension of Time, Reinstatement of Appeal, Competency of Proceedings, Service of Notice
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Azzori Marwa Mang'ehe
Appellant
Samson Odeny Masony
Respondent
Giliad O. Masony (As Legal Representative)
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Legal Issues
- 1 Whether the appeal was competent given the respondent's death
- 2 Whether proceedings and orders in Miscellaneous Civil Application No. 1 of 2014 were valid
Ratio Decidendi
The appeal was incompetent as it was instituted against a deceased respondent, rendering all proceedings and orders a nullity; the Court exercised revisional powers to quash the proceedings and resultant ruling.
Court Disposition
appeal struck out as incompetent; proceedings and ruling quashed as nullity
Orders
- Proceedings and ruling in Miscellaneous Civil Application No. 1 of 2014 quashed
- Appeal struck out
Full Case Text
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