19970110 TZCA Dar es Salaam2

19970110 TZCA Dar es Salaam2

The appeal is incompetent for failure to extract and include the order appealed from as required by rule 89(1)(h) of the Court of Appeal Rules; such non-compliance is fundamental and cannot be cured by filing a supplementary record; other grounds of objection (rule 76(3) and Registrar's certificate) are not fatal in this case.

Citation
19970110 TZCA Dar es Salaam2
Parties
Appellant: Luhunya S. Lwanyaga; First Respondent: Dr. William F. Njalika; Second Respondent: Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 January 1997
Procedural Posture
Civil Appeal (election Petition) / Preliminary Objection on Appeal Before the Court of Appeal
Outcome
Appeal struck out as incompetent
Legal Topics
Appeal Procedure, Election Petition, Non Compliance With Procedural Rules, Extracted Order Requirement
Source Language
English
Civil Procedure Election Law Appeal Procedure Election Petition Non Compliance With Procedural Rules Extracted Order Requirement

Case Brief

Summary, issues, holding and outcome

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Parties

Luhunya S. Lwanyaga

Appellant

Dr. William F. Njalika

First Respondent

Republic

Second Respondent

Procedural Posture

Civil Appeal (election Petition) / Preliminary Objection on Appeal Before the Court of Appeal

Legal Issues

  1. 1 Whether failure to extract and include the order appealed from renders the appeal incompetent
  2. 2 Whether non-compliance with rule 76(3) (failure to state whether appeal is against whole or part of decision) is fatal
  3. 3 Whether absence of Registrar's certificate as to time for preparation of record is fatal

Ratio Decidendi

The appeal is incompetent for failure to extract and include the order appealed from as required by rule 89(1)(h) of the Court of Appeal Rules; such non-compliance is fundamental and cannot be cured by filing a supplementary record; other grounds of objection (rule 76(3) and Registrar's certificate) are not fatal in this case.

Court Disposition

Appeal struck out as incompetent

Orders

  • Appeal struck out with costs
  • Appellant may institute a fresh appeal by making appropriate application before the High Court