fatuma salum hamis vs salum abdallah jogaya and 2 others 2021 tzhclandd 518 31 august 2021
Failure to attach a copy of decree to the memorandum of appeal is a fatal procedural defect under Order XXXIX Rule 1(1) CPC, rendering the appeal incompetent and liable to be struck out.
- Citation
- fatuma salum hamis vs salum abdallah jogaya and 2 others 2021 tzhclandd 518 31 august 2021
- Parties
- Appellant: Fatuma Salum Hamisi; 1st Respondent: Salum Abdallah Jogaya; 2nd Respondent: Athuman Abdallah Jogaya; 3rd Respondent: Rajab Abdalah Jogaya
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 31 August 2021
- Procedural Posture
- Land Appeal / Ruling on Preliminary Objection
- Outcome
- appeal struck out with costs
- Legal Topics
- Appeals, Preliminary Objection, Procedural Requirements
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Fatuma Salum Hamisi
Appellant
Salum Abdallah Jogaya
1st Respondent
Athuman Abdallah Jogaya
2nd Respondent
Rajab Abdalah Jogaya
3rd Respondent
Procedural Posture
Land Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether failure to attach a copy of decree to the memorandum of appeal renders the appeal incompetent
Ratio Decidendi
Failure to attach a copy of decree to the memorandum of appeal is a fatal procedural defect under Order XXXIX Rule 1(1) CPC, rendering the appeal incompetent and liable to be struck out.
Court Disposition
appeal struck out with costs
Orders
- Appeal struck out with costs
Full Case Text
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