19890907 TZCA Arusha

19890907 TZCA Arusha

Failure to extract and include the decree in the record of appeal is a fatal omission that renders the appeal incompetent and deprives the Court of Appeal of jurisdiction; consequently, the appeal must be struck out and the Court cannot entertain applications for extension of time or withdrawal of the appeal in such circumstances.

Citation
19890907 TZCA Arusha
Parties
Appellant: Damas Atugu; Respondent: Emasi Kavishe
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 September 1989
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection and Applications for Extension of Time
Outcome
Appeal struck out as incompetent; application for extension of time also struck out.
Legal Topics
Extension of Time, Preliminary Objection, Jurisdiction, Appeal Competency
Source Language
English
Civil Procedure Appellate Practice Extension of Time Preliminary Objection Jurisdiction Appeal Competency

Case Brief

Summary, issues, holding and outcome

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Parties

Damas Atugu

Appellant

Emasi Kavishe

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection and Applications for Extension of Time

Legal Issues

  1. 1 Whether failure to extract and include the decree in the record of appeal renders the appeal incompetent
  2. 2 Whether the Court of Appeal can grant extension of time to file memorandum and record of appeal after the appeal is struck out
  3. 3 Whether the Court of Appeal has jurisdiction to entertain an application for extension of time to file notice of appeal

Ratio Decidendi

Failure to extract and include the decree in the record of appeal is a fatal omission that renders the appeal incompetent and deprives the Court of Appeal of jurisdiction; consequently, the appeal must be struck out and the Court cannot entertain applications for extension of time or withdrawal of the appeal in such circumstances.

Court Disposition

Appeal struck out as incompetent; application for extension of time also struck out.

Orders

  • Appeal is struck out with costs.
  • Application for extension of time to file memorandum and record of appeal is struck out.