19960524 TZHC Dar es Salaam

19960524 TZHC Dar es Salaam

The appeal was dismissed because the memorandum of appeal filed on 13/12/94 did not have copies of the judgment and decree attached, in violation of Order 39 Rule 1(1) of the Civil Procedure Code 1915.

Citation
19960524 TZHC Dar es Salaam
Parties
Appellant: Killian J. Ngalapa; Respondent: Lausia K. Michael
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 May 1996
Procedural Posture
Civil Appeal / Ruling on Preliminary Objections
Outcome
appeal dismissed
Legal Topics
Appeals, Preliminary Objections, Compliance With Procedural Rules
Source Language
English
Civil Procedure Appeals Preliminary Objections Compliance With Procedural Rules

Case Brief

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Parties

Killian J. Ngalapa

Appellant

Lausia K. Michael

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the appeal was properly filed with copies of judgment and decree annexed as required by Order 39 Rule 1(1) of the Civil Procedure Code 1915
  2. 2 Whether the existence of two memoranda of appeal with different dates invalidates the appeal

Ratio Decidendi

The appeal was dismissed because the memorandum of appeal filed on 13/12/94 did not have copies of the judgment and decree attached, in violation of Order 39 Rule 1(1) of the Civil Procedure Code 1915.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed for non-compliance with Order 39 Rule 1(1) of the Civil Procedure Code 1915.
  • Respondent awarded costs.