2016048 TZCA Tabora

2016048 TZCA Tabora

The appeal is incompetent because the decree and judgment bear different dates, contravening Order XX Rule 7 of the Civil Procedure Code.

Citation
2016048 TZCA Tabora
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
1 January 2016
Procedural Posture
Civil Appeal / Ruling on Competency of Appeal
Outcome
appeal struck out
Legal Topics
Decree Dating, Appeal Competency, Order XX Rule 7 CPC
Source Language
English
Civil Procedure Decree Dating Appeal Competency Order XX Rule 7 CPC

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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 / Ruling on Competency of Appeal

Legal Issues

  1. 1 Whether the appeal is competent where the decree and judgment bear different dates

Ratio Decidendi

The appeal is incompetent because the decree and judgment bear different dates, 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.