ndwaty philemon ole saibull vs solomon ole saibull 1999 tzca 27 18 may 1999
The appeal is incompetent because the decree annexed to the record was not signed by the judge who decided the appeal, rendering it invalid; in appeals from Primary Courts, a decree is required and must be signed by the judge.
- Citation
- ndwaty philemon ole saibull vs solomon ole saibull 1999 tzca 27 18 may 1999
- Parties
- Appellant: Ndwaty Philemon Ole Saibull; Respondent: Solomon Ole Saibull
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 18 May 1999
- Procedural Posture
- Civil Appeal / Preliminary Objection Ruling
- Outcome
- appeal struck out
- Legal Topics
- Decree Validity, Appeals From Primary Courts, Certificate of Point of Law, Leave to Appeal
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Ndwaty Philemon Ole Saibull
Appellant
Solomon Ole Saibull
Respondent
Procedural Posture
Civil Appeal / Preliminary Objection Ruling
Legal Issues
- 1 Whether failure to annex a valid decree renders the appeal incompetent
- 2 Whether leave to appeal is required in addition to certificate of point of law
Ratio Decidendi
The appeal is incompetent because the decree annexed to the record was not signed by the judge who decided the appeal, rendering it invalid; in appeals from Primary Courts, a decree is required and must be signed by the judge.
Court Disposition
appeal struck out
Orders
- Appellant at liberty to apply to High Court within twenty-one days for a decree properly signed by the judge or successor.
- Appellant at liberty to re-institute appeal within fourteen days from obtaining decree without further payment of court fees.
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