intertek testing services ea pty ltd vs walter a kawa 2011 tzhc 2040 15 february 2011

The appeal is incompetent and must be dismissed because it was not accompanied by a valid drawn order as mandatorily required by Order XXXIX Rule 1 and Order XL Rule 2 of the Civil Procedure Code.

Citation: intertek testing services ea pty ltd vs walter a kawa 2011 tzhc 2040 15 february 2011
Parties: Appellant: INTERTEK TESTING SERVICES EA PTY LTD; Respondent: WALTER A. KAWA
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 15 February 2011
Procedural Posture: Civil Appeal / Ruling on Preliminary Objection
Outcome: appeal dismissed
Legal Topics: Appeals, Preliminary Objections, Mandatory Procedural Requirements
Source Language: English

Civil Procedure Appeals Preliminary Objections Mandatory Procedural Requirements

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2

Parties

INTERTEK TESTING SERVICES EA PTY LTD

Appellant

WALTER A. KAWA

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

1 Whether the appeal is fatally defective for lack of a valid drawn order as required by law
2 Whether the High Court has jurisdiction to hear the appeal from objection proceedings
3 Whether the decision appealed from is appealable

Ratio Decidendi

The appeal is incompetent and must be dismissed because it was not accompanied by a valid drawn order as mandatorily required by Order XXXIX Rule 1 and Order XL Rule 2 of the Civil Procedure Code.

Court Disposition

appeal dismissed

Orders

The appeal is dismissed for being incompetent.
The respondent is awarded costs.