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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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Parties
Miraji Shabani
Appellant
Said Ally
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal to Court of Appeal
Legal Issues
- 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.
Full Case Text
Judgment text and source record
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