20160831 TZHC Arusha

20160831 TZHC Arusha

The trial court's decree was defective as it failed to specify the reliefs granted, contrary to Order XX Rule 6(1) of the Civil Procedure Code. Consequently, the appeal based on such a defective decree is incompetent and must be struck out.

Source-derived case information.

Citation
20160831 TZHC Arusha
Parties
Appellant: Morgan Jacob Moshi; Respondent: Glory Benjamin Kanza
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 August 2016
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal struck out
Legal Topics
Matrimonial Property Division, Divorce Decree, Defective Decree, Maintenance of Children, Appeal Procedure
Source Language
english
Family Law Civil Procedure Matrimonial Property Division Divorce Decree Defective Decree Maintenance of Children Appeal Procedure

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Summary, issues, holding and outcome

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Parties

Morgan Jacob Moshi

Appellant

Glory Benjamin Kanza

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court's decree was defective for failing to specify reliefs granted
  2. 2 Whether the appeal is competent in light of the defective decree

Ratio Decidendi

The trial court's decree was defective as it failed to specify the reliefs granted, contrary to Order XX Rule 6(1) of the Civil Procedure Code. Consequently, the appeal based on such a defective decree is incompetent and must be struck out.

Court Disposition

appeal struck out

Orders

  • Appeal struck out for incompetence due to defective decree
  • No order as to costs