miraji shabani vs said ally 2016 tzca 720 27 june 2016

miraji shabani vs said ally 2016 tzca 720 27 june 2016

The appeal is incompetent because the decree attached to the appeal did not bear the date on which the judgment was pronounced, rendering the appeal invalid.

Source-derived case information.

Citation
miraji shabani vs said ally 2016 tzca 720 27 june 2016
Parties
Appellant: Miraji Shabani; Respondent: Said Ally
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 June 2016
Procedural Posture
Civil Appeal / Judgment on Appeal to Court of Appeal
Outcome
appeal struck out as incompetent with costs
Legal Topics
Competency of Appeal, Validity of Decree, Appeal Procedure
Source Language
english
Civil Procedure Land Law Competency of Appeal Validity of Decree Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Miraji Shabani

Appellant

Said Ally

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal to Court of Appeal

  1. 1 Whether the appeal is competent in the absence of a valid decree bearing the correct date of judgment

Ratio Decidendi

The appeal is incompetent because the decree attached to the appeal did not bear the date on which the judgment was pronounced, rendering the appeal invalid.

Court Disposition

appeal struck out as incompetent with costs

Orders

  • The appeal is struck out with costs.