20170224 TZCA Dar es Salaam

20170224 TZCA Dar es Salaam

A decree that does not bear the date of the day on which judgment was pronounced is incurably defective and renders any appeal based on it incompetent; such a defect is not a mere irregularity but goes to the root of the appeal and cannot be cured by Rule 115 of the Rules.

Citation
20170224 TZCA Dar es Salaam
Parties
Appellant: Henry Oaiange; Respondent: Sitel Singh
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
24 February 2017
Procedural Posture
Civil Appeal / Second Appeal (court of Appeal)
Outcome
Appeal struck out; proceedings and judgment of the High Court nullified.
Legal Topics
Decree Dating, Jurisdiction, Procedural Defects, Appeal Competence
Source Language
English
Civil Procedure Decree Dating Jurisdiction Procedural Defects Appeal Competence

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Parties

Henry Oaiange

Appellant

Sitel Singh

Respondent

Procedural Posture

Civil Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether a decree not bearing the date of judgment renders the appeal incompetent
  2. 2 Whether Rule 115 of the Court of Appeal Rules can cure a wrongly dated decree

Ratio Decidendi

A decree that does not bear the date of the day on which judgment was pronounced is incurably defective and renders any appeal based on it incompetent; such a defect is not a mere irregularity but goes to the root of the appeal and cannot be cured by Rule 115 of the Rules.

Court Disposition

Appeal struck out; proceedings and judgment of the High Court nullified.

Orders

  • Proceedings and judgment of the High Court nullified under section 4(2) of the Appellate Jurisdiction Act
  • No order as to costs