chacha isarara bhoke and 2 others vs magwaigwa mtundi 2021 tzhc 6975 8 november 2021

chacha isarara bhoke and 2 others vs magwaigwa mtundi 2021 tzhc 6975 8 november 2021

The appeal is incompetent because the decree is at variance with the judgment, contravening mandatory procedural requirements.

Source-derived case information.

Citation
chacha isarara bhoke and 2 others vs magwaigwa mtundi 2021 tzhc 6975 8 november 2021
Parties
Appellant: Chacha Isarara Bhoke; Appellant: Mwita Isarara Bhoke; Appellant: Mack Isarara Bhoke; Respondent: Magwaigwa Mtundi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 November 2021
Procedural Posture
Land Appeal / Ruling on Competence of Appeal
Outcome
Appeal struck out as incompetent
Legal Topics
Variance Between Judgment and Decree, Competence of Appeal, Order XX Rule 6 CPC, Order XXXIX Rule 1(1) CPC
Source Language
english
Civil Procedure Land Law Variance Between Judgment and Decree Competence of Appeal Order XX Rule 6 CPC Order XXXIX Rule 1(1) CPC

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Parties

Chacha Isarara Bhoke

Appellant

Mwita Isarara Bhoke

Appellant

Mack Isarara Bhoke

Appellant

Magwaigwa Mtundi

Respondent

Procedural Posture

Land Appeal / Ruling on Competence of Appeal

Legal Issues

  1. 1 Whether the appeal is competent where the decree is at variance with the judgment

Ratio Decidendi

The appeal is incompetent because the decree is at variance with the judgment, contravening mandatory procedural requirements.

Court Disposition

Appeal struck out as incompetent

Orders

  • Case file remitted to trial tribunal to correct the decree within 30 days
  • Appellants may file a fresh appeal within 20 days after obtaining the rectified decree