juma kumugola vs crdb bank plc 2023 tzhc 19583 1 august 2023

juma kumugola vs crdb bank plc 2023 tzhc 19583 1 august 2023

Failure to attach a drawn order with the memorandum of appeal, where the appeal is against a ruling, is a fatal procedural defect under the Civil Procedure Code. The appeal is incompetent and must be struck out.

Source-derived case information.

Citation
juma kumugola vs crdb bank plc 2023 tzhc 19583 1 august 2023
Parties
Appellant: Juma Kumogola; Respondent: CRDB Bank PLC
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 August 2023
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out as incompetent
Legal Topics
Appeals, Preliminary Objection, Mandatory Procedural Requirements, Attachment of Documents to Memorandum of Appeal
Source Language
english
Civil Procedure Appeals Preliminary Objection Mandatory Procedural Requirements Attachment of Documents to Memorandum of Appeal

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Summary, issues, holding and outcome

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Parties

Juma Kumogola

Appellant

CRDB Bank PLC

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to attach a drawn order instead of a decree renders the appeal incompetent under Order XXXIX, Rule 1(1) and Order XL, Rule 1 of the Civil Procedure Code

Ratio Decidendi

Failure to attach a drawn order with the memorandum of appeal, where the appeal is against a ruling, is a fatal procedural defect under the Civil Procedure Code. The appeal is incompetent and must be struck out.

Court Disposition

appeal struck out as incompetent

Orders

  • Appeal struck out for incompetence due to failure to attach a drawn order.
  • No order as to costs.