20090424 TZCA Dar es Salaam

A defective decree in the record of appeal renders the appeal incompetent and cannot be cured by filing a supplementary record; thus, the appeal must be struck out.

Citation: 20090424 TZCA Dar es Salaam
Parties: Appellant: Eshikael N. Makere; 1st Respondent: Tanzania Telecommunication Co. Ltd.; 2nd Respondent: Parastatal Sector Reform Commission
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 24 April 2009
Procedural Posture: Civil Appeal / Ruling on Preliminary Objections
Outcome: appeal struck out
Legal Topics: Defective Decree, Competency of Appeal, Supplementary Record, Mandatory Documents in Appeal
Source Language: English

Civil Procedure Defective Decree Competency of Appeal Supplementary Record Mandatory Documents in Appeal

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Parties

Eshikael N. Makere

Appellant

Tanzania Telecommunication Co. Ltd.

1st Respondent

Parastatal Sector Reform Commission

2nd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objections

Legal Issues

1 Whether the appeal is incompetent due to a defective decree in the record of appeal
2 Whether a supplementary record can cure a defective decree

Ratio Decidendi

A defective decree in the record of appeal renders the appeal incompetent and cannot be cured by filing a supplementary record; thus, the appeal must be struck out.

Court Disposition

appeal struck out

Orders

Preliminary objections sustained
Appeal struck out