mic tanzania ltd vs hamisi mwinyijuma others 2017 tzhc 2024 21 july 2017
Defects in the memorandum of appeal regarding party names and accompanying documents are fatal and cannot be cured by amendment at this stage; appeal is incompetent and must be struck out.
- Citation
- mic tanzania ltd vs hamisi mwinyijuma others 2017 tzhc 2024 21 july 2017
- Parties
- Appellant: MIC Tanzania Limited; 1st Respondent: Hamisi Mwinyijuma; 2nd Respondent: Ambwene Yesaya; 3rd Respondent: Cellulant Tanzania Limited
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 21 July 2017
- Procedural Posture
- Civil Appeal / Preliminary Objection Ruling
- Outcome
- appeal struck out with costs
- Legal Topics
- Appeals, Preliminary Objection, Misjoinder, Amendment of Pleadings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
MIC Tanzania Limited
Appellant
Hamisi Mwinyijuma
1st Respondent
Ambwene Yesaya
2nd Respondent
Cellulant Tanzania Limited
3rd Respondent
Procedural Posture
Civil Appeal / Preliminary Objection Ruling
Legal Issues
- 1 Whether defects in the memorandum of appeal regarding party names and accompanying documents are fatal or curable
- 2 Whether the court can amend the memorandum of appeal at the current stage
Ratio Decidendi
Defects in the memorandum of appeal regarding party names and accompanying documents are fatal and cannot be cured by amendment at this stage; appeal is incompetent and must be struck out.
Court Disposition
appeal struck out with costs
Orders
- Preliminary objection upheld
- Appeal struck out with costs
Full Case Text
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