198704 TZHC Dar es Salaam

198704 TZHC Dar es Salaam

The appeal was not time-barred as the appellant's submission regarding the date of receipt of the certified copy was accepted in the absence of contrary evidence. The Civil Procedure Code does not apply to appeals originating from primary courts, and a certified copy of the order/decree need not be attached to the memorandum of appeal in such cases. An appeal lies from the ruling of the district court under the Magistrates Courts Act.

Citation
198704 TZHC Dar es Salaam
Parties
Appellant: Mr. Rahim; Respondent: Mr. Kesaria
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1987
Procedural Posture
Civil Revision / Preliminary Objection Ruling
Outcome
Preliminary objections overruled
Legal Topics
Limitation of Actions, Appeals From Primary Courts, Attachment of Decree/order to Memorandum of Appeal
Source Language
English
Civil Procedure Limitation of Actions Appeals From Primary Courts Attachment of Decree/order to Memorandum of Appeal

Case Brief

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Parties

Mr. Rahim

Appellant

Mr. Kesaria

Respondent

Procedural Posture

Civil Revision / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the appeal is time-barred by limitation
  2. 2 Whether a certified copy of the order/decree must be attached to the memorandum of appeal
  3. 3 Whether an appeal lies from the ruling of the district court originating from primary court

Ratio Decidendi

The appeal was not time-barred as the appellant's submission regarding the date of receipt of the certified copy was accepted in the absence of contrary evidence. The Civil Procedure Code does not apply to appeals originating from primary courts, and a certified copy of the order/decree need not be attached to the memorandum of appeal in such cases. An appeal lies from the ruling of the district court under the Magistrates Courts Act.

Court Disposition

Preliminary objections overruled

Orders

  • Appeal to proceed
  • Appellant awarded costs