elizabeth stephen another vs the attorney general 2010 tzca 86 22 december 2010

elizabeth stephen another vs the attorney general 2010 tzca 86 22 december 2010

The appeal was rendered incompetent due to a wrongly dated drawn order, which was not cured by the amendments under Government Notice No. 223 of 2010; thus, the appeal was struck out with liberty to refile.

Citation
elizabeth stephen another vs the attorney general 2010 tzca 86 22 december 2010
Parties
Appellant: Elizabeth Stephen; Appellant: Salome Charles; Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 December 2010
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out as incompetent
Legal Topics
Appeal Competence, Drawn Order Defects, Transitional Provisions, Court Rules
Source Language
English
Civil Procedure Appeal Competence Drawn Order Defects Transitional Provisions Court Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Elizabeth Stephen

Appellant

Salome Charles

Appellant

The Attorney General

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the written submission was time-barred under Rule 106(1) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether a wrongly dated drawn order renders the appeal incompetent
  3. 3 Whether Government Notice No. 223 of 2010 cures defects in drawn orders

Ratio Decidendi

The appeal was rendered incompetent due to a wrongly dated drawn order, which was not cured by the amendments under Government Notice No. 223 of 2010; thus, the appeal was struck out with liberty to refile.

Court Disposition

appeal struck out as incompetent

Orders

  • Appeal struck out with liberty to refile without payment of fees.