stanbic bank tanzania limited vs abercrombie kent t limited 2006 tzca 86 3 august 2006

stanbic bank tanzania limited vs abercrombie kent t limited 2006 tzca 86 3 august 2006

An appeal to the High Court based on a decree not signed by the magistrate who passed it is incompetent and a nullity; consequently, any further appeal based on such an invalid decree is also incompetent and must be struck out.

Citation
stanbic bank tanzania limited vs abercrombie kent t limited 2006 tzca 86 3 august 2006
Parties
Appellant: Dr. Gabriel Michael Muhagama; Respondent: Salum Abass Salum; Respondent: Abdalla Hija Shamte; Respondent: Ali Seif Ali
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 August 2006
Procedural Posture
Civil Appeal / Judgment on Appeal to Court of Appeal
Outcome
appeal struck out as incompetent
Legal Topics
Validity of Decree, Appeal Competence, Signature Requirements for Decrees
Source Language
English
Civil Procedure Validity of Decree Appeal Competence Signature Requirements for Decrees

Case Brief

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Parties

Dr. Gabriel Michael Muhagama

Appellant

Salum Abass Salum

Respondent

Abdalla Hija Shamte

Respondent

Ali Seif Ali

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal to Court of Appeal

Legal Issues

  1. 1 Whether a decree not signed by the magistrate who passed it renders an appeal incompetent
  2. 2 Whether the term 'judge' in Order XXIII Rule 7 of the Civil Procedure Decree includes a regional magistrate
  3. 3 Consequence of an appeal based on an invalid decree

Ratio Decidendi

An appeal to the High Court based on a decree not signed by the magistrate who passed it is incompetent and a nullity; consequently, any further appeal based on such an invalid decree is also incompetent and must be struck out.

Court Disposition

appeal struck out as incompetent

Orders

  • Proceedings before the High Court declared a nullity and struck out.
  • Appeal to the Court of Appeal struck out.