mwajuma ahmada mzee vs adia ahmada mzee others 2015 tzca 148 8 december 2015

mwajuma ahmada mzee vs adia ahmada mzee others 2015 tzca 148 8 december 2015

The appeal is incompetent because the decree attached to the record of appeal does not bear the same date as the judgment, violating mandatory procedural requirements.

Citation
mwajuma ahmada mzee vs adia ahmada mzee others 2015 tzca 148 8 december 2015
Parties
Appellant: Mwajuma Ahmada Mzee; Respondent: Hadia Ahmada Mzee; Respondent: Ahmada Mzee Ahmada; Respondent: Kamisheni ya Wakf na Mali ya Amana, Zanzibar
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
8 December 2015
Procedural Posture
Civil Appeal / Preliminary Objection Ruling
Outcome
appeal struck out as incompetent
Legal Topics
Appeal Competence, Decree Validity, Procedural Defects
Source Language
English

Case Brief

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Parties

Mwajuma Ahmada Mzee

Appellant

Hadia Ahmada Mzee

Respondent

Ahmada Mzee Ahmada

Respondent

Kamisheni ya Wakf na Mali ya Amana, Zanzibar

Respondent

Procedural Posture

Civil Appeal / Preliminary Objection Ruling

  1. 1 Whether the appeal is incompetent due to lack of a properly drawn decree as required by law

Ratio Decidendi

The appeal is incompetent because the decree attached to the record of appeal does not bear the same date as the judgment, violating mandatory procedural requirements.

Court Disposition

appeal struck out as incompetent

Orders

  • Appeal struck out with costs to one counsel only