20180312 TZCA Dodoma

20180312 TZCA Dodoma

The appeal was struck out as incompetent due to the appellant's failure to include a complete record of proceedings in the record of appeal, in violation of Rule 96(2)(c) of the Tanzania Court of Appeal Rules, 2009.

Citation
20180312 TZCA Dodoma
Parties
Appellant: Mwajuma Hassani; Appellant: Mwanhamis Nassor; Appellant: Pili Hassani; Appellant: Amina Hassani; Respondent: Hamis Abdalla; Respondent: Julia Ilgaza
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 March 2018
Procedural Posture
Civil Appeal / Court of Appeal Ruling on Competence of Appeal
Outcome
appeal struck out as incompetent
Legal Topics
Appeal Procedure, Record of Appeal, Jurisdiction, Probate Matters
Source Language
English
Civil Procedure Land Law Appeal Procedure Record of Appeal Jurisdiction Probate Matters

Case Brief

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Parties

Mwajuma Hassani

Appellant

Mwanhamis Nassor

Appellant

Pili Hassani

Appellant

Amina Hassani

Appellant

Hamis Abdalla

Respondent

Julia Ilgaza

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Ruling on Competence of Appeal

Legal Issues

  1. 1 Whether the appeal is competent in the absence of a complete record of proceedings as required by Rule 96(2)(c) of the Tanzania Court of Appeal Rules, 2009

Ratio Decidendi

The appeal was struck out as incompetent due to the appellant's failure to include a complete record of proceedings in the record of appeal, in violation of Rule 96(2)(c) of the Tanzania Court of Appeal Rules, 2009.

Court Disposition

appeal struck out as incompetent

Orders

  • The appeal is struck out.
  • No order as to costs.