merchant venture t ltd others vs frank lionel marealle 2012 tzca 213 13 march 2012

merchant venture t ltd others vs frank lionel marealle 2012 tzca 213 13 march 2012

The application was struck out as incompetent because the applicants failed to annex a copy of the decree as required by Rule 11(2)(b) of the Court of Appeal Rules, 2009, and had not exhausted remedies available at the High Court before approaching the Court of Appeal.

Citation
merchant venture t ltd others vs frank lionel marealle 2012 tzca 213 13 march 2012
Parties
Applicant: Merchant Venture (T) Ltd; Applicant: Yusuf Mushi; Applicant: Agro Import (T) Ltd; Respondent: Frank Lionel Marealle
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 March 2012
Procedural Posture
Civil Application / Ruling on Application for Stay of Execution and Preliminary Objection
Outcome
Application struck out as incompetent; preliminary objection dismissed.
Legal Topics
Stay of Execution, Preliminary Objection, Annexation of Decree or Order, Service of Notice of Appeal, Exhaustion of Remedies
Source Language
English
Civil Procedure Appellate Practice Stay of Execution Preliminary Objection Annexation of Decree or Order Service of Notice of Appeal Exhaustion of Remedies

Case Brief

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Parties

Merchant Venture (T) Ltd

Applicant

Yusuf Mushi

Applicant

Agro Import (T) Ltd

Applicant

Frank Lionel Marealle

Respondent

Procedural Posture

Civil Application / Ruling on Application for Stay of Execution and Preliminary Objection

Legal Issues

  1. 1 Whether the application for stay of execution was time-barred
  2. 2 Whether the application was incompetent for failure to annex a copy of the judgment or decree
  3. 3 Whether failure to serve notice of appeal rendered the appeal a nullity

Ratio Decidendi

The application was struck out as incompetent because the applicants failed to annex a copy of the decree as required by Rule 11(2)(b) of the Court of Appeal Rules, 2009, and had not exhausted remedies available at the High Court before approaching the Court of Appeal.

Court Disposition

Application struck out as incompetent; preliminary objection dismissed.

Orders

  • Application struck out for incompetence
  • Preliminary objection dismissed