20110325 TZCA Dar es Salaam
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
- 20110325 TZCA Dar es Salaam
- Parties
- Appellant: Infosys (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 / Preliminary Objection Ruling
- Outcome
- appeal struck out
- Legal Topics
- Decree Validity, Record of Appeal Completeness, Appeal Competence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Infosys (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 / Preliminary Objection Ruling
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 testimony
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
Orders
- The appeal is struck out with costs.
Full Case Text
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