20140318 TZCA Tabora
The appeal is incompetent because the decree does not bear the same date as the judgment, violating mandatory procedural law, and thus there is no valid decree to support the appeal.
- Citation
- 20140318 TZCA Tabora
- Parties
- Appellant: EXD. 7428 Katondo; Respondent: Regional Police Commander for Kigoma; Respondent: The Inspector General of Police; Respondent: The Permanent Secretary; Respondent: The Attorney General
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 18 March 2014
- Procedural Posture
- Civil Appeal / Preliminary Objection Ruling
- Outcome
- appeal struck out
- Legal Topics
- Preliminary Objection, Decree Validity, Appeal Competence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
EXD. 7428 Katondo
Appellant
Regional Police Commander for Kigoma
Respondent
The Inspector General of Police
Respondent
The Permanent Secretary
Respondent
The Attorney General
Respondent
Procedural Posture
Civil Appeal / Preliminary Objection Ruling
Legal Issues
- 1 Whether the appeal is competent in the absence of a valid decree due to discrepancy in dates between judgment and decree.
Ratio Decidendi
The appeal is incompetent because the decree does not bear the same date as the judgment, violating mandatory procedural law, and thus there is no valid decree to support the appeal.
Court Disposition
appeal struck out
Orders
- The appeal is struck out for incompetence due to absence of a valid decree.
- No order as to costs.
Full Case Text
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