20070915 TZCA Dar es Salaam

20070915 TZCA Dar es Salaam

A decree signed by the Registrar under powers vested by Order XLIII rule 1(d) is not invalid; penalizing parties for such decrees is unjust when Registrars act under lawful authority.

Citation
20070915 TZCA Dar es Salaam
Parties
1st Appellant: Morogoro Polyester Textile Limited; 2nd Appellant: Presidential Parastatal Sector Reform Commission; Respondent: M/S Technical Trading Services Company Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 September 2007
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection Regarding Decree Validity
Outcome
Appeal allowed to proceed to hearing
Legal Topics
Signing of Decrees, Registrar's Powers, Appeal Procedure
Source Language
English
Civil Procedure Signing of Decrees Registrar's Powers Appeal Procedure

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Parties

Morogoro Polyester Textile Limited

1st Appellant

Presidential Parastatal Sector Reform Commission

2nd Appellant

M/S Technical Trading Services Company Limited

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection Regarding Decree Validity

Legal Issues

  1. 1 Whether a decree signed by the Registrar is valid for purposes of appeal
  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 not invalid; penalizing parties for such decrees is unjust when Registrars act under lawful authority.

Court Disposition

Appeal allowed to proceed to hearing

Orders

  • The decree in the record of appeal is valid.
  • The appeal shall proceed to hearing.