maryodelisa christian and 2 others vs burute saccos limited 2021 tzhc 6610 30 september 2021

maryodelisa christian and 2 others vs burute saccos limited 2021 tzhc 6610 30 september 2021

The appeal is incompetent because it was accompanied by a defective decree that did not agree with the judgment, and the correction of such defects is the responsibility of the trial tribunal, not the appellate court.

Citation
maryodelisa christian and 2 others vs burute saccos limited 2021 tzhc 6610 30 september 2021
Parties
1st Appellant: Maryodelisa Christian; 2nd Appellant: Esther Cadis; 3rd Appellant: Jasper Josephat; Respondent: Burute SACCOS Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 September 2021
Procedural Posture
Land Case Appeal / Ruling on Preliminary Objection
Outcome
Appeal struck out with costs
Legal Topics
Defective Decree, Appeal Procedure, Judgment Decree Consistency
Source Language
English
Civil Procedure Land Law Defective Decree Appeal Procedure Judgment Decree Consistency

Case Brief

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Parties

Maryodelisa Christian

1st Appellant

Esther Cadis

2nd Appellant

Jasper Josephat

3rd Appellant

Burute SACCOS Limited

Respondent

Procedural Posture

Land Case Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether discrepancies between the judgment and decree render the appeal incompetent

Ratio Decidendi

The appeal is incompetent because it was accompanied by a defective decree that did not agree with the judgment, and the correction of such defects is the responsibility of the trial tribunal, not the appellate court.

Court Disposition

Appeal struck out with costs

Orders

  • The appeal is struck out with costs.