20070920 TZCA Dar es Salaam

20070920 TZCA Dar es Salaam

A decree signed by the Registrar under powers vested by Order XLIII rule 1(d) is valid, and the appeal should not be struck out solely on that ground. Substantive justice and the long-standing practice support this interpretation.

Citation
20070920 TZCA Dar es Salaam
Parties
Appellant: Morogoro Polyster Textile Limited; Appellant: Presidential Parastatal Sector Reform Commission; Respondent: M/S Technical Trading Services Company Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 September 2007
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection Regarding Validity of Decree
Outcome
appeal to proceed to hearing
Legal Topics
Signing of Decrees, Powers of Registrar, Appeal Procedure
Source Language
English
Civil Procedure Signing of Decrees Powers of Registrar Appeal Procedure

Case Brief

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Parties

Morogoro Polyster Textile Limited

Appellant

Presidential Parastatal Sector Reform Commission

Appellant

M/S Technical Trading Services Company Limited

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection Regarding Validity of Decree

Legal Issues

  1. 1 Whether a decree signed by the Deputy Registrar instead of the trial judge renders the appeal incompetent
  2. 2 Interpretation of Order XX rule 7 and Order XLIII rule 1(d) of the Civil Procedure Code

Ratio Decidendi

A decree signed by the Registrar under powers vested by Order XLIII rule 1(d) is valid, and the appeal should not be struck out solely on that ground. Substantive justice and the long-standing practice support this interpretation.

Court Disposition

appeal to proceed to hearing

Orders

  • decree in the record of appeal found valid
  • appeal ordered to proceed to hearing