infosys ips t ltd vs azania bancorp ltd others 2011 tzca 90 25 march 2011

infosys ips t ltd vs azania bancorp ltd others 2011 tzca 90 25 march 2011

The decree in the record of appeal was not properly dated in accordance with the mandatory requirements of Order XX Rule 7 of the Civil Procedure Code and the prescribed format, rendering the appeal incompetent.

Citation
infosys ips t ltd vs azania bancorp ltd others 2011 tzca 90 25 march 2011
Parties
Appellant: Infosys IPS (T) Ltd; 1st Respondent: Azania Bancorp Ltd; 2nd Respondent: Receiver & Manager, Fintrust (T) Ltd; 3rd Respondent: Mohamed Enterprises (T) Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 March 2011
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out with costs
Legal Topics
Decree Validity, Appeal Competence, Record of Appeal Completeness
Source Language
English

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Infosys IPS (T) Ltd

Appellant

Azania Bancorp Ltd

1st Respondent

Receiver & Manager, Fintrust (T) Ltd

2nd Respondent

Mohamed Enterprises (T) Ltd

3rd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

  1. 1 Whether the decree in the record of appeal is properly dated as required by law
  2. 2 Whether the record of appeal is incomplete for omitting certain testimonies

Ratio Decidendi

The decree in the record of appeal was not properly dated in accordance with the mandatory requirements of Order XX Rule 7 of the Civil Procedure Code and the prescribed format, rendering the appeal incompetent.

Court Disposition

appeal struck out with costs

Orders

  • The appeal is struck out with costs.