elizabeth michael ringo vs alex reuben kimaro 2019 tzhc 242 16 december 2019
Appeal is incompetent due to inclusion of a wrong party; substitution of parties at this stage is not permissible and appeal must be struck out.
- Citation
- elizabeth michael ringo vs alex reuben kimaro 2019 tzhc 242 16 december 2019
- Parties
- Appellant: Elizabeth Michael Ringo; Respondent: Alex Reuben Kimaro
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 December 2019
- Procedural Posture
- Civil Appeal / Ruling on Procedural Defect
- Outcome
- appeal struck out
- Legal Topics
- Party Misjoinder, Appeal Procedure, Administration of Estates
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Parties
Elizabeth Michael Ringo
Appellant
Alex Reuben Kimaro
Respondent
Procedural Posture
Civil Appeal / Ruling on Procedural Defect
Legal Issues
- 1 Whether the appeal was lodged against the correct party
- 2 Whether substitution of parties in the memorandum of appeal is permissible
Ratio Decidendi
Appeal is incompetent due to inclusion of a wrong party; substitution of parties at this stage is not permissible and appeal must be struck out.
Court Disposition
appeal struck out
Orders
- Appeal struck out due to procedural defect; appellant may rectify and reinstate appeal upon extension of time.
Full Case Text
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