moihamed hamis mawa vs selemani omary kikwala another 2016 tzca 707 2 august 2016

moihamed hamis mawa vs selemani omary kikwala another 2016 tzca 707 2 august 2016

The absence of essential exhibits in the record of appeal is a fatal defect under Rule 96(2), making the appeal incompetent.

Citation
moihamed hamis mawa vs selemani omary kikwala another 2016 tzca 707 2 august 2016
Parties
Appellant: Mohamed Hamis Mawa; 1st Respondent: Selemani Omary Kikwala; 2nd Respondent: Omary Mmanga Ndumbu
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 August 2016
Procedural Posture
Civil Appeal / Ruling on Competence of Appeal
Outcome
appeal struck out as incompetent
Legal Topics
Appeal Competence, Record of Appeal, Procedural Defects
Source Language
English
Civil Procedure Land Law Appeal Competence Record of Appeal Procedural Defects

Case Brief

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Parties

Mohamed Hamis Mawa

Appellant

Selemani Omary Kikwala

1st Respondent

Omary Mmanga Ndumbu

2nd Respondent

Procedural Posture

Civil Appeal / Ruling on Competence of Appeal

Legal Issues

  1. 1 Whether the omission of exhibits D1-D8 from the record of appeal renders the appeal incompetent

Ratio Decidendi

The absence of essential exhibits in the record of appeal is a fatal defect under Rule 96(2), making the appeal incompetent.

Court Disposition

appeal struck out as incompetent

Orders

  • appeal struck out without costs