20120908 TZCA Arusha

The omission of the decree from the record of appeal is a fatal defect under the Court of Appeal Rules, rendering the appeal incompetent and necessitating its striking out.

Citation: 20120908 TZCA Arusha
Parties: Appellant: James Mosha; Respondent: Shose Jared Ikonyi
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 8 September 2012
Procedural Posture: Civil Appeal / Ruling on Preliminary Objection and Competency of Appeal
Outcome: appeal struck out as incompetent
Legal Topics: Appeal Procedure, Record of Appeal, Preliminary Objection, Decree Requirement
Source Language: English

Civil Procedure Appeal Procedure Record of Appeal Preliminary Objection Decree Requirement

Case Brief

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Parties

James Mosha

Appellant

Shose Jared Ikonyi

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection and Competency of Appeal

Legal Issues

1 Whether failure to serve notice of appeal and letter requesting documents renders the appeal incompetent
2 Whether omission of the decree from the record of appeal renders the appeal incompetent

Ratio Decidendi

The omission of the decree from the record of appeal is a fatal defect under the Court of Appeal Rules, rendering the appeal incompetent and necessitating its striking out.

Court Disposition

appeal struck out as incompetent

Orders

The appeal is struck out for being incompetent due to omission of the decree in the record of appeal.
No order as to costs.