CIVIL APPEAL NO

The appeal is incompetent due to the defective decree and being filed beyond the statutory time limit; failure to attach a valid decree renders the appeal fatally defective.

Citation: CIVIL APPEAL NO
Parties: Appellant: M/S Lodhia Plastic Industries Ltd; Respondent: M/S Wulkan Engineering Ltd
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2023
Procedural Posture: Civil Appeal / Preliminary Objection Ruling
Outcome: appeal struck out with costs
Legal Topics: Appeal Competency, Time Limitation, Defective Decree
Source Language: English

Civil Procedure Appeal Competency Time Limitation Defective Decree

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Parties

M/S Lodhia Plastic Industries Ltd

Appellant

M/S Wulkan Engineering Ltd

Respondent

Procedural Posture

Civil Appeal / Preliminary Objection Ruling

Legal Issues

1 Whether the appeal is time-barred
2 Whether the decree attached is valid
3 Whether the appeal is competent before the court

Ratio Decidendi

The appeal is incompetent due to the defective decree and being filed beyond the statutory time limit; failure to attach a valid decree renders the appeal fatally defective.

Court Disposition

appeal struck out with costs

Orders

Appeal struck out with costs