19920529 TZHC Dar es Salaam

19920529 TZHC Dar es Salaam

The appeal was filed directly in the High Court, contravening the mandatory procedure under section 25(3) of the Magistrates Courts Act, and must therefore be struck out.

Citation
19920529 TZHC Dar es Salaam
Parties
Appellant: Martha Daniel; Respondent: Petro Thomas
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 May 1992
Procedural Posture
Civil Appeal / Preliminary Objection Ruling
Outcome
appeal struck out
Legal Topics
Appeals, Jurisdiction, Procedural Compliance
Source Language
English
Civil Procedure Appeals Jurisdiction Procedural Compliance

Case Brief

Summary, issues, holding and outcome

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Parties

Martha Daniel

Appellant

Petro Thomas

Respondent

Procedural Posture

Civil Appeal / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the appeal was properly filed before the High Court contrary to the mandatory procedure under section 25(3) of the Magistrates Courts Act

Ratio Decidendi

The appeal was filed directly in the High Court, contravening the mandatory procedure under section 25(3) of the Magistrates Courts Act, and must therefore be struck out.

Court Disposition

appeal struck out

Orders

  • The appeal is struck out for non-compliance with the mandatory procedure.
  • The respondent is awarded costs.