ibrahim kigombe vs mary sange 2 others 2022 tzhc 14754 24 november 2022
Failure to attach the drawn order as required by Order 39 Rule 1(1) of the Civil Procedure Code is a mandatory defect that renders the appeal incompetent and subject to being struck out.
- Citation
- ibrahim kigombe vs mary sange 2 others 2022 tzhc 14754 24 november 2022
- Parties
- Appellant: Ibrahim Kigombe; Respondent: Mary Sange; Respondent: Mara Microfinance Co. Ltd; Respondent: Kindo Biswaro
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 24 November 2022
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection
- Outcome
- appeal struck out
- Legal Topics
- Appeals, Mandatory Documents, Drawn Order Requirement
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2
Parties
Ibrahim Kigombe
Appellant
Mary Sange
Respondent
Mara Microfinance Co. Ltd
Respondent
Kindo Biswaro
Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether failure to attach a drawn order renders the appeal incompetent
Ratio Decidendi
Failure to attach the drawn order as required by Order 39 Rule 1(1) of the Civil Procedure Code is a mandatory defect that renders the appeal incompetent and subject to being struck out.
Court Disposition
appeal struck out
Orders
- The appeal is struck out for want of competence.
- No order as to costs.
Full Case Text
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