20170216 TZCA Dar es Salaam

20170216 TZCA Dar es Salaam

The decree in the record of appeal complied with the requirements of Order XX Rule 7 of the Civil Procedure Code as it bore the date the judgment was pronounced. The preliminary objection on this ground was without merit and dismissed with costs.

Citation
20170216 TZCA Dar es Salaam
Parties
Appellant: Hassan Ramadhani; Respondent: PC. Gollan; Respondent: Inspector General of Police; Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 February 2017
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed; amendment of notice of appeal allowed
Legal Topics
Defective Decree, Notice of Appeal, Verification Clause, Record of Appeal Requirements
Source Language
English
Civil Procedure Defective Decree Notice of Appeal Verification Clause Record of Appeal Requirements

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Parties

Hassan Ramadhani

Appellant

PC. Gollan

Respondent

Inspector General of Police

Respondent

The Attorney General

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is untenable due to a defective decree contrary to Order XX Rule 7 of the Civil Procedure Code
  2. 2 Whether the notice of appeal is defective for not properly naming the respondents

Ratio Decidendi

The decree in the record of appeal complied with the requirements of Order XX Rule 7 of the Civil Procedure Code as it bore the date the judgment was pronounced. The preliminary objection on this ground was without merit and dismissed with costs.

Court Disposition

preliminary objection dismissed; amendment of notice of appeal allowed

Orders

  • Preliminary objection dismissed with costs
  • Appellant allowed to amend notice of appeal within 14 days from the date of delivery of this ruling