20130218 TZCA Dar es Salaam

20130218 TZCA Dar es Salaam

Non-inclusion of exhibits in the record of appeal is a fatal procedural defect under Rule 96(1)(f) of the Court of Appeal Rules, 2009, rendering the appeal incompetent and subject to being struck out.

Citation
20130218 TZCA Dar es Salaam
Parties
Appellant: Joseph Onaukiro Ngiloi; 1st Respondent: The Permanent Secretary Central Establishment; 2nd Respondent: The Permanent Secretary Communication and Transport; 3rd Respondent: The Director General Civil Aviation Authority; 4th Respondent: The Honorable Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 February 2013
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
appeal struck out as incompetent
Legal Topics
Record of Appeal, Mandatory Procedural Requirements, Unlawful Termination, General Damages
Source Language
English
Civil Procedure Employment Law Record of Appeal Mandatory Procedural Requirements Unlawful Termination General Damages

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Parties

Joseph Onaukiro Ngiloi

Appellant

The Permanent Secretary Central Establishment

1st Respondent

The Permanent Secretary Communication and Transport

2nd Respondent

The Director General Civil Aviation Authority

3rd Respondent

The Honorable Attorney General

4th Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether failure to include exhibits in the record of appeal renders the appeal incompetent under Rule 96(1)(f) of the Court of Appeal Rules, 2009

Ratio Decidendi

Non-inclusion of exhibits in the record of appeal is a fatal procedural defect under Rule 96(1)(f) of the Court of Appeal Rules, 2009, rendering the appeal incompetent and subject to being struck out.

Court Disposition

appeal struck out as incompetent

Orders

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