20120525 TZCA Tabora

20120525 TZCA Tabora

The variance in dates between the decree and the notice of appeal rendered the memorandum of appeal invalid, making the appeal incompetent and incapable of adjournment; thus, the appeal must be struck out.

Citation
20120525 TZCA Tabora
Parties
Appellants: Pasi Sani & Others; 1st Respondent: Simon Domela; 2nd Respondent: The District National Resources Officer, Urambo District; 3rd Respondent: The District Commissioner, Urambo District; 4th Respondent: The Hon. Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 May 2012
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection Regarding Competence of Appeal
Outcome
Appeal struck out with costs
Legal Topics
Competence of Appeal, Notice of Appeal, Decree and Judgment Variance, Court of Appeal Rules
Source Language
English
Civil Procedure Competence of Appeal Notice of Appeal Decree and Judgment Variance Court of Appeal Rules

Case Brief

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Parties

Pasi Sani & Others

Appellants

Simon Domela

1st Respondent

The District National Resources Officer, Urambo District

2nd Respondent

The District Commissioner, Urambo District

3rd Respondent

The Hon. Attorney General

4th Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection Regarding Competence of Appeal

Legal Issues

  1. 1 Whether the variance in dates between the decree and the notice of appeal renders the appeal incompetent
  2. 2 Whether an adjournment can be granted for an incompetent appeal

Ratio Decidendi

The variance in dates between the decree and the notice of appeal rendered the memorandum of appeal invalid, making the appeal incompetent and incapable of adjournment; thus, the appeal must be struck out.

Court Disposition

Appeal struck out with costs

Orders

  • The appeal is struck out with costs.