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
Summary, issues, holding and outcome
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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
Legal Issues
- 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
Full Case Text
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