crdb bank plc ltd vs george methiew kilindu 2020 tzca 361 23 july 2020
The notice of appeal cited a party not involved in the original suit, which is a fatal irregularity rendering the appeal incompetent and liable to be struck out.
- Citation
- crdb bank plc ltd vs george methiew kilindu 2020 tzca 361 23 july 2020
- Parties
- Appellant: CRDB Bank PLC (Formerly CRDB (1996) LTD); Respondent: George Mathew Kilindu
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 23 July 2020
- Procedural Posture
- Civil Appeal / Preliminary Objection Ruling
- Outcome
- appeal struck out as incompetent
- Legal Topics
- Party Identification, Notice of Appeal, Appeal Competence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Parties
CRDB Bank PLC (Formerly CRDB (1996) LTD)
Appellant
George Mathew Kilindu
Respondent
Procedural Posture
Civil Appeal / Preliminary Objection Ruling
Legal Issues
- 1 Whether the appeal is incompetent due to the notice of appeal citing a party not involved in the original suit
Ratio Decidendi
The notice of appeal cited a party not involved in the original suit, which is a fatal irregularity rendering the appeal incompetent and liable to be struck out.
Court Disposition
appeal struck out as incompetent
Orders
- Appeal struck out with costs
Full Case Text
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