19831102 TZCA Dar es Salaam

19831102 TZCA Dar es Salaam

The appeal is incompetent due to the absence of the decree in the record of appeal as mandated by Rule 89(2), and must be struck out.

Citation
19831102 TZCA Dar es Salaam
Parties
Appellant: Juma Ibrahim Mtale; Respondent: K. G. Karmali
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 November 1983
Procedural Posture
Civil Appeal / Preliminary Objection Before Hearing
Outcome
appeal struck out as incompetent; Notice of Motion dismissed with costs
Legal Topics
Appeal Competence, Record of Appeal Requirements, Preliminary Objection
Source Language
English
Civil Procedure Appeal Competence Record of Appeal Requirements Preliminary Objection

Case Brief

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Parties

Juma Ibrahim Mtale

Appellant

K. G. Karmali

Respondent

Procedural Posture

Civil Appeal / Preliminary Objection Before Hearing

Legal Issues

  1. 1 Whether the absence of a decree in the record of appeal renders the appeal incompetent

Ratio Decidendi

The appeal is incompetent due to the absence of the decree in the record of appeal as mandated by Rule 89(2), and must be struck out.

Court Disposition

appeal struck out as incompetent; Notice of Motion dismissed with costs

Orders

  • Appeal struck out
  • Notice of Motion dismissed