20100506 TZHC Moshi

20100506 TZHC Moshi

The decree is defective for bearing two different dates, contrary to the mandatory requirements of Order XX Rule 7 of the CPC; the preliminary objection is sustained and the appeal cannot proceed on merits.

Citation
20100506 TZHC Moshi
Parties
Appellant/respondent: Joseph Sikustahili; Respondent/applicant: Eliudi Peter Swai
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 May 2010
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
preliminary objection sustained; appeal dismissed
Legal Topics
Malicious Prosecution, Defective Decree, Order XX Rule 7 CPC
Source Language
English
Civil Procedure Tort Malicious Prosecution Defective Decree Order XX Rule 7 CPC

Case Brief

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Parties

Joseph Sikustahili

Appellant/respondent

Eliudi Peter Swai

Respondent/applicant

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the decree is defective for bearing a date different from the judgment date
  2. 2 Whether the appeal should be considered on merits despite the defective decree

Ratio Decidendi

The decree is defective for bearing two different dates, contrary to the mandatory requirements of Order XX Rule 7 of the CPC; the preliminary objection is sustained and the appeal cannot proceed on merits.

Court Disposition

preliminary objection sustained; appeal dismissed

Orders

  • Appellant/respondent's appeal dismissed due to defective decree
  • Costs awarded to respondent/applicant