20160520 TZHC Arusha
The appeal is incompetent due to failure to attach the decree appealed from and procedural defects in the memorandum of appeal.
Source-derived case information.
- Citation
- 20160520 TZHC Arusha
- Parties
- Appellant: MESODET Board of Trustees; Respondent: M/Kiti wa Jadi na Mila za Kabila la Wameru
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 20 May 2016
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal struck out with costs
- Legal Topics
- Appeal Procedure, Memorandum of Appeal, Attachment of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MESODET Board of Trustees
Appellant
M/Kiti wa Jadi na Mila za Kabila la Wameru
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appeal is competent without attaching the decree appealed from
- 2 Whether the memorandum of appeal complies with procedural requirements
Ratio Decidendi
The appeal is incompetent due to failure to attach the decree appealed from and procedural defects in the memorandum of appeal.
Court Disposition
appeal struck out with costs
Orders
- Appeal struck out
- Appellant to pay costs
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT Of.THE UNITED REPUBLIC OF TANZANIA [IN THE DISTRICT REGISTRY] AT ARUSHA DC. CIVIL APPEAL NO.53 OF 2015 I (Originating from Misc. Appl No.59/2015, 152/2015, and Civil Case No.74/2015 Dar es Salaam Arusha/Arumeru) MESODET BOARD OF TRUSTEES ........................... APPELLANT · Versus M/KITI WA JADI NA MILA ZA KABILA · LA WAMERU .....................•.................. f··~··········· RESPONDENT i JUDGEMENT ' Date of last Order: 13/4/2016 •, Date of Judgment: 20/5/2016 · BEFORE: S.C. MOSHI, JUDGE. The appellant preferred the appeal to this court on five (5) grounds of appeal which are indicated in the petition of appeal. ' When the case was called up for hearing the court ordered that the appeal be urgued by way of written submissions. However, upon perusal of the. record, I learned that the decision which he appellant is challenging is not attached to the petition. This is contrary to Order XXXIX of the Civil Procedure Code [Cap.33R.E.2002]. Order XXXIX. Rule (1) (1) it puts in mandatory terms that the Memorandum of Appeal shall be accompanied by a copy of the decree appealed from. 1 I I \ /J ' ~~- i i ' Also the appeal has to 1be preferred tl)rough a Memorarydu ·I of i \ Appeal. Again, another err , r is on the Paragraph which <;ont~ins prayers, it is referring to !the applicantfJ?laintiff. It reque~ts , ~he application to be granted. ~t is obvious that the appellant :doe~n't know what he wants the couf to do for him. : · Although the original record is not brought, I have decided! to I rule out on the defects of the appeal so if tine appellant is interested 11 . ' I i he should comply with the pr9cedures set down' by law. ; ' All in all, I find that the appel1 is incompetent; hence it is str~ck qut with costs. I , I I I I I I I I 1JUDGE I I 201 05/2016 I I I I I I I I I f,, I I I 2 I I I . I