bosco peter teti vs life mushi others 2016 tzca 214 8 april 2016

bosco peter teti vs life mushi others 2016 tzca 214 8 april 2016

The appeal is incompetent due to the decree bearing a different date from the judgment, contravening Order XX Rule 7 of the Civil Procedure Code.

Source-derived case information.

Citation
bosco peter teti vs life mushi others 2016 tzca 214 8 april 2016
Parties
Appellant: Bosco Peter Teti; Respondent: Life Mushi; Respondent: A/Insp Asteriko Mahiga; Respondent: D468 D/Copl. John Stone; Respondent: E9235 Det Copl. Godlove; Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
8 April 2016
Procedural Posture
Civil Appeal / Striking Out Appeal for Incompetency
Outcome
appeal struck out
Legal Topics
Decree Dating, Appeal Competency
Source Language
english
Civil Procedure Decree Dating Appeal Competency

Source-derived case record

Summary, issues, holding and outcome

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Parties

Bosco Peter Teti

Appellant

Life Mushi

Respondent

A/Insp Asteriko Mahiga

Respondent

D468 D/Copl. John Stone

Respondent

E9235 Det Copl. Godlove

Respondent

The Attorney General

Respondent

Procedural Posture

Civil Appeal / Striking Out Appeal for Incompetency

Legal Issues

  1. 1 Whether the appeal is competent due to discrepancy between judgment and decree dates

Ratio Decidendi

The appeal is incompetent due to the decree bearing a different date from the judgment, contravening Order XX Rule 7 of the Civil Procedure Code.

Court Disposition

appeal struck out

Orders

  • Appeal struck out due to incompetency arising from defective decree.
  • No order as to costs.