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
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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
Legal Issues
- 1 Whether the decree in the record of appeal is properly dated as required by law
- 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.
Full Case Text
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