20130401 TZCA Tabora

20130401 TZCA Tabora

The appeal was struck out as the record of appeal was incomplete, omitting mandatory pleadings and documentary exhibits required under Rule 96(1) of the Court of Appeal Rules, 2009. The appellant had no authority to exclude such documents without a direction under Rule 96(3), and the defects were fatal to the...

Source-derived case information.

Citation
20130401 TZCA Tabora
Parties
Appellant: Jamal A. Tamim; First Respondent: Felix Francis Mkosamali; Second Respondent: Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 April 2013
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
appeal struck out
Legal Topics
Election Petitions, Appeal Procedure, Record of Appeal Requirements, Preliminary Objections
Source Language
english
Election Law Civil Procedure Election Petitions Appeal Procedure Record of Appeal Requirements Preliminary Objections

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jamal A. Tamim

Appellant

Felix Francis Mkosamali

First Respondent

Attorney General

Second Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the record of appeal was properly constituted in compliance with Rule 96(1) of the Court of Appeal Rules, 2009
  2. 2 Whether the exclusion of pleadings and documentary exhibits from the record rendered the appeal incompetent
  3. 3 Whether the appellant could file a supplementary record

Ratio Decidendi

The appeal was struck out as the record of appeal was incomplete, omitting mandatory pleadings and documentary exhibits required under Rule 96(1) of the Court of Appeal Rules, 2009. The appellant had no authority to exclude such documents without a direction under Rule 96(3), and the defects were fatal to the competence of the appeal.

Court Disposition

appeal struck out

Orders

  • Appeal struck out for incompetence due to defective record of appeal
  • No order as to costs