20050715 TZCA Arusha

20050715 TZCA Arusha

Failure to include an extracted copy of the decree and specified exhibits in the record of appeal is a fatal omission that renders the appeal incompetent, regardless of the appellant's explanation or intent.

Citation
20050715 TZCA Arusha
Parties
Appellant: Frank Kibanga; Respondent: Acu Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 July 2005
Procedural Posture
Civil Appeal / Preliminary Objection Before Hearing of Appeal
Outcome
Appeal struck out as incompetent
Legal Topics
Competency of Appeal, Record of Appeal Requirements, Preliminary Objection
Source Language
English
Civil Procedure Competency of Appeal Record of Appeal Requirements Preliminary Objection

Case Brief

Summary, issues, holding and outcome

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Parties

Frank Kibanga

Appellant

Acu Limited

Respondent

Procedural Posture

Civil Appeal / Preliminary Objection Before Hearing of Appeal

Legal Issues

  1. 1 Whether the appeal is incompetent for lack of an extracted copy of the decree appealed from
  2. 2 Whether omission of certain exhibits from the record renders the appeal incompetent

Ratio Decidendi

Failure to include an extracted copy of the decree and specified exhibits in the record of appeal is a fatal omission that renders the appeal incompetent, regardless of the appellant's explanation or intent.

Court Disposition

Appeal struck out as incompetent

Orders

  • Appeal struck out for incompetence due to non-compliance with Rule 89(2)(e) and (f) of the Court of Appeal Rules, 1979