mining agriculture construction service ltd vs palemon construction ltd 2015 tzca 54 26 march 2015
The appeal was struck out for contravening mandatory provisions of Rule 96 (1) (d), (f), and (g) of the Court of Appeal Rules, 2009, as essential documents were omitted and no proper application or order was made for their exclusion or inclusion.
- Citation
- mining agriculture construction service ltd vs palemon construction ltd 2015 tzca 54 26 march 2015
- Parties
- Appellant: Mining Agriculture & Construction Service Ltd; Respondent: Palemon Construction Ltd
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 26 March 2015
- Procedural Posture
- Civil Appeal / Preliminary Objection Ruling
- Outcome
- appeal struck out as incompetent
- Legal Topics
- Appeal Competency, Record of Appeal, Court Rules
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mining Agriculture & Construction Service Ltd
Appellant
Palemon Construction Ltd
Respondent
Procedural Posture
Civil Appeal / Preliminary Objection Ruling
Legal Issues
- 1 Whether the appeal is incompetent for contravening mandatory provisions of Rule 96 (1) (d), (f), and (g) of the Court of Appeal Rules, 2009
Ratio Decidendi
The appeal was struck out for contravening mandatory provisions of Rule 96 (1) (d), (f), and (g) of the Court of Appeal Rules, 2009, as essential documents were omitted and no proper application or order was made for their exclusion or inclusion.
Court Disposition
appeal struck out as incompetent
Orders
- appeal struck out with costs
Full Case Text
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