20040805 TZHC Bukoba
The appeal was not properly filed as it was lodged in the District Court of Bukoba instead of Muleba District Court, contravening section 25(3) of the Magistrates' Courts Act, 1984. Therefore, the appeal is struck out with costs.
- Citation
- 20040805 TZHC Bukoba
- Parties
- Appellant: Paschazia Thadeo & Another; Respondent: Sylichelius Thadeo
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 5 August 2004
- Procedural Posture
- Civil Appeal / High Court Appellate Judgment
- Outcome
- appeal struck out
- Legal Topics
- Appeals, Jurisdiction, Filing Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Paschazia Thadeo & Another
Appellant
Sylichelius Thadeo
Respondent
Procedural Posture
Civil Appeal / High Court Appellate Judgment
Legal Issues
- 1 Whether the appeal was properly filed in accordance with section 25(3) of the Magistrates' Courts Act, 1984
Ratio Decidendi
The appeal was not properly filed as it was lodged in the District Court of Bukoba instead of Muleba District Court, contravening section 25(3) of the Magistrates' Courts Act, 1984. Therefore, the appeal is struck out with costs.
Court Disposition
appeal struck out
Orders
- Appeal struck out with costs.
- Appellants at liberty to re-institute an appeal subject to the law of limitation.
Full Case Text
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