20180315 TZCA Dar es Salaam

20180315 TZCA Dar es Salaam

The appeal is incompetent due to missing tribunal proceedings, a defective decree, improper application of extension of time provisions, and premature grant of certificate on point of law before lodging notice of appeal.

Citation
20180315 TZCA Dar es Salaam
Parties
Appellant: Issa Kapilima; Respondent: Zamda Ally
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 March 2018
Procedural Posture
Civil Appeal / Preliminary Objection/ruling on Competence
Outcome
appeal struck out as incompetent
Legal Topics
Appeal Procedure, Decree Requirements, Extension of Time, Certificate on Point of Law
Source Language
English
Civil Procedure Land Law Appeal Procedure Decree Requirements Extension of Time Certificate on Point of Law

Case Brief

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Parties

Issa Kapilima

Appellant

Zamda Ally

Respondent

Procedural Posture

Civil Appeal / Preliminary Objection/ruling on Competence

Legal Issues

  1. 1 Whether the appeal is competent in light of procedural irregularities including missing tribunal proceedings, defective decree, and improper extension of time and certificate procedures.

Ratio Decidendi

The appeal is incompetent due to missing tribunal proceedings, a defective decree, improper application of extension of time provisions, and premature grant of certificate on point of law before lodging notice of appeal.

Court Disposition

appeal struck out as incompetent

Orders

  • Appeal struck out with no order as to costs.
  • Appellant at liberty to commence fresh appeal process following correct procedures.