ghamisi mwalimu vs kisiki k iseri 2011 tzhc 2091 15 december 2011

ghamisi mwalimu vs kisiki k iseri 2011 tzhc 2091 15 december 2011

The appeal is incompetent because it is not accompanied by a proper decree as required by law; the date on the decree must match the date of the judgment, and failure to comply renders the appeal incompetent.

Citation
ghamisi mwalimu vs kisiki k iseri 2011 tzhc 2091 15 december 2011
Parties
Appellant: Hamisi Mwalimu; Respondent: Kisiki Kiseri
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 December 2011
Procedural Posture
Civil Appeal / Preliminary Objection Ruling
Outcome
appeal struck out with costs
Legal Topics
Decree Validity, Memorandum of Appeal Endorsement, Preliminary Objection
Source Language
English
Civil Procedure Decree Validity Memorandum of Appeal Endorsement Preliminary Objection

Case Brief

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Parties

Hamisi Mwalimu

Appellant

Kisiki Kiseri

Respondent

Procedural Posture

Civil Appeal / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the appeal is incompetent for being accompanied by a decree not bearing the same date as the judgment
  2. 2 Whether the memorandum of appeal is bad in law for not being endorsed or showing its drawer

Ratio Decidendi

The appeal is incompetent because it is not accompanied by a proper decree as required by law; the date on the decree must match the date of the judgment, and failure to comply renders the appeal incompetent.

Court Disposition

appeal struck out with costs

Orders

  • The appeal is struck out as incompetent with costs.