20080502 TZCA Mwanza

20080502 TZCA Mwanza

The appeal is incompetent for want of a valid decree appealed from, as the decree in the record was not dated in accordance with the mandatory requirements of Order XX rule 7 of the Civil Procedure Code.

Source-derived case information.

Citation
20080502 TZCA Mwanza
Parties
Appellant: Kashemeza Phares Kabuye; Respondent: Choya Anatory Kasazi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 May 2008
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
Appeal struck out with costs
Legal Topics
Decree Validity, Appeal Competence, Costs
Source Language
english
Civil Procedure Election Law Decree Validity Appeal Competence Costs

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Kashemeza Phares Kabuye

Appellant

Choya Anatory Kasazi

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is incompetent due to a defective decree not complying with Order XX rule 7 of the Civil Procedure Code
  2. 2 Whether costs should be awarded against the appellant given the circumstances

Ratio Decidendi

The appeal is incompetent for want of a valid decree appealed from, as the decree in the record was not dated in accordance with the mandatory requirements of Order XX rule 7 of the Civil Procedure Code.

Court Disposition

Appeal struck out with costs

Orders

  • Appeal struck out
  • Appellant to pay respondent's costs