jamal a tamim vs felix francis mkosamali another 2013 tzca 342 3 may 2013

jamal a tamim vs felix francis mkosamali another 2013 tzca 342 3 may 2013

The appeal was struck out because the appellant failed to include mandatory documents in the record of appeal as required by Rule 96(1) of the Court of Appeal Rules, 2009, and did not seek leave to exclude them under Rule 96(3), rendering the appeal incompetent.

Citation
jamal a tamim vs felix francis mkosamali another 2013 tzca 342 3 may 2013
Parties
Appellant: Jamal A. Tamim; First Respondent: Felix Francis Mkosamali; Second Respondent: Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 May 2013
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection and Competence of Appeal
Outcome
appeal struck out as incompetent
Legal Topics
Record of Appeal, Preliminary Objection, Election Petition, Appellate Procedure
Source Language
English
Civil Procedure Election Law Record of Appeal Preliminary Objection Election Petition Appellate Procedure

Case Brief

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 / Ruling on Preliminary Objection and Competence of Appeal

Legal Issues

  1. 1 Whether the record of appeal complied with mandatory requirements under Rule 96(1) of the Court of Appeal Rules, 2009
  2. 2 Whether the appellant could exclude documents from the record without leave under Rule 96(3)
  3. 3 Whether the defects in the record rendered the appeal incompetent

Ratio Decidendi

The appeal was struck out because the appellant failed to include mandatory documents in the record of appeal as required by Rule 96(1) of the Court of Appeal Rules, 2009, and did not seek leave to exclude them under Rule 96(3), rendering the appeal incompetent.

Court Disposition

appeal struck out as incompetent

Orders

  • The appeal is struck out.
  • No order as to costs.