20140701 TZCA Arusha
The appeal is incompetent because it is based on a non-existent case number, which is a fundamental defect that cannot be cured by amendment under Rule 111 of the Court of Appeal Rules, 2009.
- Citation
- 20140701 TZCA Arusha
- Parties
- Appellant: NBC LTD; Respondent: Sahib Bus Services Ltd; Respondent: Farah Omary Mohamed; Respondent: Zainab Farah Mohamed
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 1 July 2014
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection Regarding Competence of Appeal
- Outcome
- appeal struck out as incompetent
- Legal Topics
- Appeal Procedure, Case Citation Errors, Competence of Appeal, Amendment of Court Records
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
NBC LTD
Appellant
Sahib Bus Services Ltd
Respondent
Farah Omary Mohamed
Respondent
Zainab Farah Mohamed
Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection Regarding Competence of Appeal
Legal Issues
- 1 Whether the appeal is competent where the Notice of Appeal and record cite a non-existent case number
- 2 Whether the errors in citation can be cured by amendment under Rule 111 of the Court of Appeal Rules, 2009
Ratio Decidendi
The appeal is incompetent because it is based on a non-existent case number, which is a fundamental defect that cannot be cured by amendment under Rule 111 of the Court of Appeal Rules, 2009.
Court Disposition
appeal struck out as incompetent
Orders
- The appeal is struck out for incompetence.
- No order as to costs.
Full Case Text
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