maua abeid daftari vs fatma salmin said 2009 tzca 37 17 august 2009

maua abeid daftari vs fatma salmin said 2009 tzca 37 17 august 2009

A judgment not pronounced in open court by the presiding judge, but instead by a Senior Deputy Registrar who lacks such authority, is invalid. Consequently, the record of appeal containing such a judgment is incurably defective and must be struck out.

Citation
maua abeid daftari vs fatma salmin said 2009 tzca 37 17 august 2009
Parties
Appellant: Dr. Maua Abed Daftari; Respondent: Fatma Salmin Said
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 August 2009
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out
Legal Topics
Pronouncement of Judgment, Powers of Registrar, Validity of Judgment, Appeal Procedure
Source Language
English
Civil Procedure Pronouncement of Judgment Powers of Registrar Validity of Judgment Appeal Procedure

Case Brief

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Parties

Dr. Maua Abed Daftari

Appellant

Fatma Salmin Said

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether a judgment not pronounced by the presiding judge but by the Senior Deputy Registrar is valid under Order XX Rules 1 and 3 of the Civil Procedure Code
  2. 2 Whether the absence of proper pronouncement and dating of the judgment renders the record of appeal incurably defective

Ratio Decidendi

A judgment not pronounced in open court by the presiding judge, but instead by a Senior Deputy Registrar who lacks such authority, is invalid. Consequently, the record of appeal containing such a judgment is incurably defective and must be struck out.

Court Disposition

appeal struck out

Orders

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