20170621 TZCA Dar es Salaam2

The appeal was incompetent due to failure to include mandatory documents in the record of appeal, contravening Rule 96(2) of the Tanzania Court of Appeal Rules, 2009.

Citation: 20170621 TZCA Dar es Salaam2
Parties: Appellant: Hamisi Mohamed; Respondent: Justine Kisima
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 21 June 2017
Procedural Posture: Civil Appeal / Preliminary Objection/ruling on Competence
Outcome: appeal struck out
Legal Topics: Record of Appeal, Appellate Procedure, Incomplete Record, Striking Out Appeal
Source Language: English

Civil Procedure Record of Appeal Appellate Procedure Incomplete Record Striking Out Appeal

Case Brief

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Parties

Hamisi Mohamed

Appellant

Justine Kisima

Respondent

Procedural Posture

Civil Appeal / Preliminary Objection/ruling on Competence

Legal Issues

1 Whether the appeal is competent in light of missing documents in the record of appeal

Ratio Decidendi

The appeal was incompetent due to failure to include mandatory documents in the record of appeal, contravening Rule 96(2) of the Tanzania Court of Appeal Rules, 2009.

Court Disposition

appeal struck out

Orders

Appeal struck out for incompetence due to incomplete record of appeal
No order as to costs