20091125 TZCA Dar es Salaam

20091125 TZCA Dar es Salaam

The appeal is incompetent because the decree in the record of appeal does not bear the same date as the judgment and was not signed by the trial judge or successor, but by a Deputy Registrar, contravening mandatory provisions of Order XX Rule 7 of the Civil Procedure Code.

Citation
20091125 TZCA Dar es Salaam
Parties
Appellant: Dhow Mercantile (EA) Ltd; Respondent: Abdirizzak S. Tuke
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 November 2009
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out with costs
Legal Topics
Decree Validity, Appeal Competence, Signing of Decrees, Compliance With Procedural Rules
Source Language
English
Civil Procedure Decree Validity Appeal Competence Signing of Decrees Compliance With Procedural Rules

Case Brief

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Parties

Dhow Mercantile (EA) Ltd

Appellant

Abdirizzak S. Tuke

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the decree appealed from complies with Order XX Rule 7 of the Civil Procedure Code
  2. 2 Whether the appeal is competent in light of defects in the decree

Ratio Decidendi

The appeal is incompetent because the decree in the record of appeal does not bear the same date as the judgment and was not signed by the trial judge or successor, but by a Deputy Registrar, contravening mandatory provisions of Order XX Rule 7 of the Civil Procedure Code.

Court Disposition

appeal struck out with costs

Orders

  • The preliminary objection is upheld.
  • The appeal is struck out with costs.