20161017 TZHC Dodoma
The omissions regarding the court seal and filing by the proper officer are not fatal and can be cured by amendment of the memorandum of appeal.
- Citation
- 20161017 TZHC Dodoma
- Parties
- Appellant: Issanga Makingo; Respondents: Ngala MunguWatosha & Another
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 17 October 2016
- Procedural Posture
- Land Appeal / Ruling on Preliminary Objection
- Outcome
- Preliminary objection upheld in part; appellant given 7 days to amend memorandum of appeal; costs in the appeal.
- Legal Topics
- Preliminary Objection, Filing Procedure, Court Seal Requirement
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Issanga Makingo
Appellant
Ngala MunguWatosha & Another
Respondents
Procedural Posture
Land Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether lack of court seal on memorandum of appeal is fatal
- 2 Whether filing by Tribunal's clerk instead of Registry Officer is fatal
Ratio Decidendi
The omissions regarding the court seal and filing by the proper officer are not fatal and can be cured by amendment of the memorandum of appeal.
Court Disposition
Preliminary objection upheld in part; appellant given 7 days to amend memorandum of appeal; costs in the appeal.
Orders
- Appellant to file amended memorandum of appeal within 7 days from the date of ruling
- Costs to be in the appeal
Full Case Text
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