20080627 TZHC Dar es Salaam

20080627 TZHC Dar es Salaam

The appeal is incompetent because the decree accompanying the memorandum of appeal is invalid, having two dates instead of one as required by law.

Citation
20080627 TZHC Dar es Salaam
Parties
Appellant: Ibrahim Kassamali; Appellant: Amir Kassamali; Appellant: Phillemon Mgaya t/a Eric Auction Mart and Court Broker; Respondent: Theodica Mselle
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 June 2008
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out with costs
Legal Topics
Decree Validity, Appeal Procedure, Preliminary Objection
Source Language
English
Civil Procedure Decree Validity Appeal Procedure Preliminary Objection

Case Brief

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Parties

Ibrahim Kassamali

Appellant

Amir Kassamali

Appellant

Phillemon Mgaya t/a Eric Auction Mart and Court Broker

Appellant

Theodica Mselle

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the decree accompanying the memorandum of appeal is valid given it bears two dates instead of one as required by law.

Ratio Decidendi

The appeal is incompetent because the decree accompanying the memorandum of appeal is invalid, having two dates instead of one as required by law.

Court Disposition

appeal struck out with costs

Orders

  • The appeal is struck out with costs.