20160817 TZCA Dar es Salaam 1

20160817 TZCA Dar es Salaam 1

The appeal was struck out as the record of appeal was incomplete due to omission of mandatory documents, making the appeal incompetent under the Court of Appeal Rules, 2009.

Citation
20160817 TZCA Dar es Salaam 1
Parties
Appellant: Eqbal Ebrahim; Respondent: John Massenga
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 August 2016
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection Regarding Record of Appeal Completeness
Outcome
appeal struck out as incompetent
Legal Topics
Appeal Procedure, Record of Appeal, Service of Documents
Source Language
English

Case Brief

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Parties

Eqbal Ebrahim

Appellant

John Massenga

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection Regarding Record of Appeal Completeness

  1. 1 Whether omission of certain documents from the record of appeal renders the appeal incompetent under the Court of Appeal Rules, 2009

Ratio Decidendi

The appeal was struck out as the record of appeal was incomplete due to omission of mandatory documents, making the appeal incompetent under the Court of Appeal Rules, 2009.

Court Disposition

appeal struck out as incompetent

Orders

  • Appeal struck out for incompleteness of the record of appeal